AIR FORCE DISCHARGE  REVIEW BOARD  HEARING  RECORD

NAMF: OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSA N

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AlC	·..--------------- ..

PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNSF;L AND OR ORCANIZA TION	ADDRESS AND OR ORCANIZATION OF COUNSEL

x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

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X*+

X*+

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ISSUES

A94.05

INDRX NUMBER

A67.IO

I	ORDER APPOINTrNG TH E HOA R D
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO Tl IE BOAR D
ADDITI  NAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

X*+

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

29 Mar 2007	FD-2006-00452

Case heard in Wash ington, D.C.

Advise appl icant 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 lable to the appl icant at the applicant's request.
* Reason and Authority
+ Reenlisment Code

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TO:

SAF/MR BR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

FROM:

"4!912007

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW SOARll
1535 COMMAND DR, EE WING, JRD FLOOR
ANIJREWS At'IJ, MIJ l07C•l·700l

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00452	

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 ofreason 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.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh.  He has also expressed a desire for upgrade of his discharge to qualify for reenlistment into the armed forces.  The records indicated the applicant received three Letters of Reprimand and six Letters of Counseling for misconduct.  The applicant               was administratively disciplined for dereliction of duty, failure to go, speeding on the flight line, reporting to work late on several occasions, driving on a seeded area and departing work before being released.  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.

In view of the foregoing findings, the Board further concl udes 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