AI R FORCE DISCHA RGE REVIEW BOARD HEARING  RECORD
NAME OF Sl<:RVICE MEM BER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

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TYrt:  GEN	I	PERSONAL  APPEARANCE	x	I

RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
-.

HON

GEN

UOTHC	OTHER	DENY
x x x
x
x

ISSUES

A93.01 A94.05

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO Tl IE BOARD
ADDITIONAL EXHIBITS SlJBMITTFD AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEA RANCE HEA R ING

HEARING DATE	CASE NUMBER

15 Ma r 2007	FD-2006-00434

·.... ·..·.· ·· · ····· ·

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 AFBCMR.

Names and votes will be made avai labl e to the applicant at the applicant's req uest.

X - Upgrade to honorable, change the reason for d ischarge, and to change the reenl istment eligibi l ity code are denied.

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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150"4742

tl<OM:

SECRETARY  OF THE AIR  FOl<CE  PERSONNEL  COU,,Cll. All< FORCE DISCHARGE REVIEW ROARD
15J5 COMMAND DR, EE WING,JRO FLOOR
ANDREWS AFB, MD 2076:1.-7001.

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI<: NUMBER

FD-2006-00434	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and authority for the discharge, 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,  change  of  reason  and  authority   for  discharge,  and  change  of reenlistment code are 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 1. Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received four Letters of Reprimand, three Records oflndivid ual Counseling and one Memorand um for Record for misconduct.  The miscond uct included consuming alcohol underage, failure to fol l ow proper sign out procedures, late for duty, failure to go, missed formation, and disobeying a lawful order. 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 military members.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  Applicant contends that he should not be penalized indefinitely for a mistake he made when young. The DRB recognized the applicant was 19 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was the same age as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characteri zation of the applicant's discharge was appropriate due to the misconduct.

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