AIR FORCE DISCHA RGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE Ml•:MBER (LAST, FIRST MIDDLE I N ITIAL)
: --------------------------i

GRADE

AFSN/SSAN
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I	PERSONAL     APPEARANCE

x	I	RECORD    REVIEW

1.·.•...... co_uN_SE_L_---j NAME OF COllNSEL AND UR ORGANll.ATION	ADDRESS AND UR URGA Nll.A TION OF CUllNS;I.
n:s	No
x

.	.

MEMBER SJTTJNG
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.

HON	GEN	UOTHC	OTHER

DENY
x

---.:
.

.

--:
.

>-------- -----.-----+-----+-----f------+-----+------
x x
x

x

r-:.
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ISSUES

A94.05

INDEX NllMBER

A67.30

I

I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		HRI F.F OF PERSON N Ei. FI LE COUNSEL'S RELEASE TO THE BOAR D
ADDITIONAL EXl llBITS SUBMITTED AT TIME OF
PERSONAi.  APPEARANCE

TAPE RECOR DING OF PERSONAL APPEARANCE HE

HEARING DATE	

10 May 2007	FD-2007-00024

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 wi ll be made avai lable to the appl icant at the appl icant's req uest.

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- - - - - - 7 :. ;::;c··-- ; j ·j ,:- ---- -- ---7 :••\. - -.;,-.--i	sE: ViE:Ni·- -- ----- -- ----- ---u--------------	:------- i)xif: s11s12i101

SAF/MR.BR
550 C STREET WEST, SUITE 40
RAN DOLPH AFB, TX 781 50.4742

SECRETAKY  OF TllE AIR FORCf:  PERSONNEL  COUNCIL AIR FORCE  lllSCllARGE REVIEW  HOARD
1535 COMMA ND DR, EE WING, JRll FLOUR ANllREWS AFB, MD 207(•2·71102

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

Previous ed ition wi l l be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATlONALE	CASE NLIMBEN.

FD-2007-00024	

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:

Applicant contends discharge was inequitable because it was too harsh and based on one incident.  The records indicated the applicant received a Letter of Reprimand and a Record of Individual Counsel i ng for misconduct.  The applicant recei ved a Letter of Repri mand for a civilian arrest for possessing a loaded firearm in a moving vehicle while intoxicated; firing the firearm through the open wi ndow of the vehicle; rude and combative behavi or towards a police officer; threatened, spit at, physically fought with the pol ice officer; threatened violence against the officer's family; and threatened to harm the sister of a co-worker trying to help.  The applicant was also administratively disciplined for repeatedly being late for 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 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 ful l administrative due process.

In view of the foregoing findings, the Board further concludes that there ex ists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief