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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

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-	-	ER (LAST, FIRST MIDDLE INITTAL)

GRADE	AFSN/SSAN
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AM N	'
I Tvi>i- aE'N_ _ _ - -- - -- -- - PERSONAL APPEARANCE	x	RECORD    REVIEW
NAME OF COUNS ;L AND OR ORGANIZA 'flON	ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

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VOTE OF tl::'l.E
GEN	UOTHC

OTHER

DENY

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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 SUBM ITTED AT  l'I M E OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE

CASE NUMIJER

25 Apr 2007	FD-2007-00001

Case heard in Washington, 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 available to the applicant at the appl icant's request.
* Reason and Authority
+ Reenlistment Code
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SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY  OF TllF. AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1533 COMMAND  DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2007-00001	

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.

ISSUE:

Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  The applicant has also expressed a desire for upgrade of his discharge for reenlistment into the armed forces. The records indicated the applicant received an Article 15, ten Letters of Reprimand, and three Records of
Individual Counseling for misconduct.  The applicant received an Article 15 for failure to go to his appointed place of duty on two separate occasions.  He was punished with a reduction in grade to Airman and a reprimand.  He was administratively disciplined for failure to go on eleven different occasions, failure to  obey a direct order, and making a false official statement.  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