AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

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AB	:--------------
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TYPE GEN

PERSONAL  APPEARANCE

x	RECORD REVIEW

ADDRESS AND OR ORGANIZATION  OF COUNSEL

x

MEMBER SITTING

HON

OEN

UOTHC

OTHER

DENY
x

x

x
x x
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ISSUES

A94.05

INDEX NUMBER

A67.90

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  '  HIBITS SUBMITTE  AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DA TE	CASE NUMBER

10 May 2007	FD-2006-00480

RATIONALE

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 available to the appl icant at the applicant's request.

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

SECRETARY OF THE AIR FORCE PERSONNEi. COllNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND  DR, EE WING, JRD Fl.OOR ANDREWS AFB, MD 2076Z·700Z

AFHQ FORM 0-2077, JAN 00	(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00480	

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.

FJ NDINGS:  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.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh.  He admits his misconduct was immature i n nature and somewhat impulsive.  The records indicated the applicant received two Article  I5s for misconduct.  The applicant received his first Article 15 for willfully damaging fire alarms by holding a flame next to them.  He was punished with a reduction in grade to Airman Basic, a suspended forfeiture of pay for two months, and thirty days of correctional custody.  His second Article 15 was for failing to obey dormitory l iving standards by having a female live with him in his dorm and failure to refrain from using alcohol while under the age of 21.  For this misconduct, he was punished with a forfeiture of pay, restriction to Whiteman AFB for 30 days, and 14 days of extra duty.  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 mi litary 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