AIR FORCE DISCHARGE REVIEW BOARD HEARI NG RECORD

TYPE    GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

NAME OF Sl RVICE M•:MHER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN		
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c::91111,11.;; : ;:;  NAME OF COUNSF.L ANO OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEi..
YES	No
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VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES	A94.03	INPEX NUMBER	A49.00	i l!;XHI]JlTS SUBMITTED TO THE BOARD
A94.05	I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	l3RlEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TA PE RECORDfNG OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

10 May 2007	FD-2007-00049
APPLICANT'S ISSUE AND THE BOARD'S DECISJONAL RATIONALE ARE DISCUSSED ON THE AITAC'HCD ATR FORCE DISCHARGE REVrnw BOARD DECISION Al. 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 avai l able to the appl icant at the applicant's request.

X - Upgrade of discharge, change of reason and authority, and change of reenlistment code are denied.

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TOo	FROMo

SAF/MRBR

SECRETARY OF TllE AIR FORCE PERSONNEL COllNCll.
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST.  SUITE 40	1535COMMAND DR, El!: WING,3RD FLOOR
RAN DOU'll  A FB, TX 781 50-4742	ANDREWS AFD, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2007-00049	

GENERAL:   The applicant appeals for upgrade of discharge to honorable, to change reason for 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:

Applicant contends he had problems with the language but has improved his English.  He admits he made some mistakes but learned his lesson.  Applicant has expressed a desire for upgrade so that he may reenlist into the armed forces.  The record indicates the applicant received a General discharge for Unsatisfactory Performance.  He received two AETC  l73s for failing Services Apprentice course Block III test, two Article 15s for providing alcoholic beverages to minors and resisting apprehension and an AETC  125A for removal from training.  The records indicated the applicant was given 1.5 hours of specialized individual assistance and other numerous opportunities but still failed to satisfactorily progress.  He had also been reclassified into Services Apprentice because of academic problems.  After a review of the records, the Board found no clear evidence of inequity or impropriety on which to base a decision to change the characterization, reason for discharge and reenlistment code.

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