AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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A1C

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TYPE GEN

PERSONAL  APPEARANCE

x	RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

X*+

X*+

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x	•+

ISSUES

A94.06

INDEX NUMBER	A67. 10

x	*+

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
ADDITI   NAL EXHIBITS SUBMITTED AT TIME  .>F
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

10 May 2007

FD-2007-00004

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 applicant at the applicant's request.

* CHANGE RE CODE

+ CHANGE REASON  AND AUTHORITY  TO SECRETARIAL AUTHORITY

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TO:

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2007-00004	

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 (ORB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  The Board grants partial relief.  Upgrade of discharge to honorable is granted.  However, the Board denied the request to change the reason and authority for discharge and change of reenlistment code.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of the reason and authority or the reenlistment code.  However, based upon the record and evidence provided by appl icant, the Board finds the applicant's characterization of discharge inequitable.

ISSUE:

The applicant received a General Discharge for Minor Disciplinary Infractions.  The applicant contends his discharge was inequitable because it was too harsh.  He has expressed a desire for upgrade of hi s discharge to qualify for reenlistment into the armed forces.  The Board concluded that there was no inequity or impropriety as concerns the reason and authority for applicant's discharge and denied the requested relief. The Board noted that the case file contained six Letters of Reprimand for misconduct to include failure to obey an order, dereliction of duty, and willfully disobeying direct orders.  While the DRB did not condone the applicant's misconduct, they did feel it would have been equitable to give him an Honorable discharge.

Ifhe can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge.  The applicant's characterization should be changed to Honorable under the provisions of Title 10, U SC 1553.

Attachment: Examiner's Brief