AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

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GRADE	AFSN/SSAN

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TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

r-' '---...$-11_1'J'''_--1 NAME OF COUNSEL AND OR ORGANIZATION
YES	No
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ADDRESS AND OR ORGANIZATION  OF COUNSEL

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MEMBER SITTING

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UOTHC

OTHER	DENY
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ISSUES

A95.00 AO I.00

INDEX NUMBER

A67.10

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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 RECORDI NG OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

24 Apr 2007	FD-2006-00460

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 appl ication to the AFBCMR.

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

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

SECRETARY OF THE AIR FORCI\ PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD Z076Z·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00460	

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 the appl icant 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 an Article 15, a Vacation, two Letters of Reprimand, and three AF Form 341s for misconduct.  Applicant received an Article 15 for being absent from place of duty; failure to obey an order to remain in quarters for medical purposes; and altering a sick quarters slip.  He was punished with a suspended reduction in grade to Airman Basic, 45 days extra duty and restriction to dormitory room for 45 days.  The Vacation action was for failure to obey a lawful order by not operating or riding in a privately owned vehicle and failure to complete homework.  He was reduced in grade to Airman Basic.  Further misconduct was documented for financial irresponsibility, failure to report to formation after a fire drill, missed curfew, and missed formation.  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 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