AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OJ<' SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
l'f(>!!NSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANl'.7.ATION OF COUNSEL
YES	No

MEMBER SITTING
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, ;,, ;r ,:;	VOTE  OF TBJ,l'#BOARD
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HON	GEN	UOTHC	OTHER	DENY

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ISSUES	A94.53	INDEX NUMBER	A67. 10	·•.·EXW:BfrS SUMITTED TO 'Jf:	JU)
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL APPEARANCE  I IE

HEARING DATE	CASE NUMBER

10 May 2007	FD-2006-00402
APPLICANT'S ISSUf!iAND Tflll l!0.11,RD;S bl!ClSIONAL RATIONAL ARE DISCUSSf,D ON THI\ ATl'APlliD AIR FORCE DISCHARGE REVTEW BOARD OllCISlONAl:;RAtIQNAJ.B
•     <	:	,  - --  ,v .	:·!JJ    ,,,' ::.	'·":, ,;<:.·	.	, >
Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the AFBCMR.

Names and votes will be made available to the appl icant at the applicant's request.

+ Reenlistment Code

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INDOR$     ENT	DATE: 5/15/2007
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TO:	FROM:

SAF/MRBR

SECRETARY OF THE Alll FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVll!.W BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, Mil 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00402	

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received two Article  15s, a Vacation, and a Letter of Reprimand for misconduct.  The applicant received his first Article 15 for failing to refrain from consuming alcoholic beverages while under the legal drinking age of twenty-one.  He received a suspended reduction in grade to Airman, forfeiture of pay for two months, and 14 days of extra duty.  His second Article 15 was for unlawfully strangling an individual on the throat with his hands and for being  drunk and disorderly.  He was punished with a suspended reduction in grade to Airman, ten days of extra duty, and a reprimand.  The Vacation action for wrongfully appropriating a wire cutting tool and without authority, willfully damage a security cage with a wire cutting tool.  For this act of misconduct, he was reduced in grade to Airman.  The records also indicated applicant was administratively disciplined for being late for duty and lying.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative due process.

ln view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief