AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAM•:OF SERVICE  MEMBER  (LAST, FIRST  MIDDLE  INITIAL)	GRADE	AFSN/SSA N
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COIJNS.!'\!-..,	NAME OF COllNSEI.  AN[) OR ORGANIZATION
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AODRESS AND OR ORGANIZATION 0>. COUNSEL

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MEMBER SITTING

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ISSUES

A93.01

I N[)EX NllMBER	EXHIBITS  SUBMITTED TO THE  BOARD
A67.10
1	ORDER APPOINTING THE BOA R D
2	APPLICATJON fOR REVI EW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME or
PERSONAL  APPEARANCE

TAPE R ECORDING OF PERSONAL APPEARANCE HE

H>'.ARING IJAH:	CASE NUMBER

29Jun 2007	FD-2007-00036
APPLICANT'S ISSUE ANO nm llOARD'S. DECISIONAL RATIONAL ARE DISCUSSEP ON Tf!E A'f1:ACHE)) AlR FORCE DISCHARGE REVIEWllOAR.0 PECISJONAL 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 req uest.
* Reason and Authority
+  Reenlistment Code

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TO:	FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50"4742

SECRETARY OF THE AIR •"ORn; r>:HSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARU 1535 COM MAN[) DR. EE WING, 3RD FLUOR ANDREWS AFB, MU l076z.700l

AFHQ FORM 0-2077,JAN 00	(EF-V2)	Previous ed ition wil l be used

AIR FORCE DISCHARGE REVlEW BOARD DECISIONAL RATIONALE	CAS£ NUMBER

FD-2007-00036	

GENERAL:	The  applicant  appeal s frH 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 (DRl3) 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:

Applicant contends that he should not be penalized indefinitely for a mistake he made when young.  The DRB recognized the applicant was 23 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  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 being absent without authority from his place of duty and for making a false official statement.  He was punished with a reduction in grade to Airman and 30 days of extra duty.  The applicant had additional misconduct and was administratively disciplined for financial irresponsi bi lity, poor work performance, and dereliction of duty.
The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

If he 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 regul ation 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 farther 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