AIR FORCE DISCHARGE  REVIEW BOARD HEARI NG RECORD
NAME OF SERVICE MEMBER (LAST, FIRST M IDDLE INITI AL}	GRADE	AFSN/SSAN
.-- - -- -- -- - -- -- -- - -.

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TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

::r!if;,;i;;,:,;y ""L	' NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION OF COllNSEL

·,_

MEMBER SITTING

------------------------------

!ION

GEN

UOTl lC

OTllFR

DENY
x

x x
x
-.

'

'	x
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1

ISSUES

A92.0l

INDEX NUMBER

A67.10

I\11•·	" SUl\l·ED ;rtr"rf!.E BQ!t!RD · · · ·11•111: 1111:.111:·:1:1:1:<1111.1 ••\\(••

A94.05

•
1	ORDER APl'Of NTTNG THE BOARD
2	APPLICATION FOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

15 Mar 2007	FD-2006-00433

11
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the A FBCMR.

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

'- - - - _ ./.:l_ - - - - - - - - - - - - - - - _ J') _ - - - - - ---- - - _ ,,_ - - _[)_	1
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TO:

SAF/MR£3R
550 C STREET WEST, SUITE 40
RANDOLPH AFB. TX 781 50-4742

SECRETARY  OF THE AIR FORCE PERSONNEL  COUNCIL AIR FORCE DJSCHAKGf: REVIEW BOARD
1535 COMMAND DR, EE WING, )RD FLOOR ANDREWS AFB, MD 20762- 7002

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00433	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

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 is denied.

The Board  finds that  neither  the  evidence  of record  nor that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUES:

Issue I .  The applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article  15s, two Letters of Reprimand, and two Records oflndividual Counseling for misconduct.  The misconduct included violating dormitory rules by allowing his wife and pet to live in his dorm room, financial irresponsibility, failure to go, and by making a false official statement to the first sergeant by pretending to be his father over the telephone.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all mil itary members.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2. The applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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.

In 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