AI R FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMB• R (LAST, FIRST M IDDU INITIAL)	GRADE	AFSN/SSAN

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AIC	·'   -------------'

TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD REVIEW
AODRRSS ANll OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON

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GEN

UOTHC

OTHER

DENY

x x x x
x

ISSUES

A92.21 A93.0l A94.05

INDEX NUMBER	A67. 10

ORDER APPOINTI NG TI-IE BOAR D
2	APPLICATION FOR REVI EW OF DISCHARGE

3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

03 May 2007	FD-2007-00022

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.

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TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDRRWS AFll, MI> l07<•2·7(Kll

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2007-00022	

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 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:

Issue 1.  Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  He admits that he was young and did not take everything serious and responsible as he should have. The records indicated the applicant received an Article 15, two Letters of Reprimand, and two Records of Individual Counseling for misconduct.  The applicant received an Article 15 for wrongfully accessing and processing sexually explicit images from his government computer.  He received a suspended reduction in grade to Airman, fourteen days of extra duty, and a reprimand.  He received two Letters of Reprimand for speeding, not having vehicle insurance, making a false statement and financial irresponsibility.  He was also disciplined for being late for work on repeated occasions and failure to accomplish assigned duties in a timely manner.  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.

Issue 2.  The DRB was pleased to see that the applicant was doing well, continuing his education, and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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