...	ATR FO»rTl' nT"'"HARGE REVIEW BOARD HEARING RECORD

	'l"ITIAL)	
ITYPE GEN	PERSONAL  APPEARANCE	

YES	No
x	NAME OF COUNSEL AND OR ORGANIZATION	

MEMBER SITTING
-  ------		

-	

-	

-	

-	

-	

-	

t---	

,, .
X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

HON

GEN	UOTHC

OTHER

DENY

ISSUES

A92.15

INDEX NUMBER

A72.00

----1-------+-----f----t	1
x
x x
x x

A92.03 A94.05

A67.90	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

31Aug  2005	FD-2005-00150

Case heard at 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.

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCil. AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 10761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00150	

GENERAL:   The applicant  appeals  for upgrade  of discharge to honorable  and to change the reason  and authority for the discharge.

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 and change ofreason and authority for discharge 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.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh and based on force shaping. The records indicated the applicant received a Summary Court-Martial conviction for larceny, hindering apprehension, and false-official statements; a Letter of Reprimand for underage drinking and a traffic ticket for a minor in possession of alcohol. The Board concluded the 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. Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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	

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