AIR FORCE DISCHARGE  REV IEW BOARD HEARING RECORD
NAME Oii SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AI<'SN/SSAN

:-------------------------------- :
-------------------------------;

SRA

:·--------------·:
--------------- !

TYPE  GEN
l- CQ-I-J.N_SE_-L
YES	No
x

I	PERSONAL    APPEARANCE
--l NAME OF COUNSEL AND OR ORGANIZATION

x	I	RECORD    REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE OF THE BOARD

MEMBER SITTING

1- -----··· --
HON	G EN

UOTHC

OTHER	DEN Y
x
x
x

'''
h	'

·-·-----------------+------+----+-----+-------i	1
x
x

ISSllF,S

A94.53

INDEX NUMBER

A61.00

EXHIBITS SUBMITTJY,,,J, ) TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TlON
4	BRIEF OF PERSONNEL f!LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHll31TS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE IIF

HEARING DATE	CASE NUMBER

30 Jan 2007	FD-2005-00046

<,- ,

APPTJCANT'S ISSUE ANM'HE;llOJ\J\l) SDl!ClSl'ifiAL     'f!ONAL AUO!S<;USSl!O ON THE ATIACHED AIR FORCE Ol$CHAR0ll llllVIEW II?. ARDp!!clSlONAL RATlONALE
''Tl	i	.,
Case heard i n Washi ngton, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without cou nsel , and the right to submit an appl ication to the AFBCMR

Names and votes wi l l be made avai l able to the appl icant at the applicant's request.

- - - - - - - _,. - - - - - - - - - - - - - - - - - - - - - - - - - ri•- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _,{_ _  - - - - - - - - - _ f:J_ _ - - -- - -- - - - -- - -- - -- -	--------

------------------------------------z;   ;:- -	-	:.:-------r--------------------------------------	:f.i:: 217/2007

TO:

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

FROM:

SECRETARY OF THE AIR FORCE  PERSONNf:L COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
13 COMMAND OR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

Al<'HQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMllER

FD-2005-00046	

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 lead ing to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Applicant requested an upgrade of his discharge to be eligible for veteran's benefits.  The records indicated the applicant received a General discharge from the Hawaii Air National Guard due to a civilian conviction. Unfortunately, applicant's discharge processing files were missing from the record and unavailable for the Board to review.  Because applicant's discharge file was unavailable, the Board was unable to conclusively ascertain the nature of misconduct on applicant's part that formed the basis for the discharge.  The Board  also could not determine if applicant consulted counsel or submitted statements in his own behalf at the time of discharge.  When requested to provide any pertinent information he may have about the discharge file or his record of service, applicant did not provide a response.  Since there was no evidence to substantiate any inequities or improprieties, the Board relies on the presumption of regularity and finds the discharge proper and without basis for upgrade.

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