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AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
SRA	111• 11111111111
TYPE   GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
·	.''.:Ecou)':lsEt	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
- -	x

x x
x x

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ISSUES	A94.05	INDEX NUMBER	A67.50	··.	.  f > E1BITS SlJ'!  JSl'JID TOifE BOA.Ro	..·
I	ORDER APPOINTING THE BOARD
2	APPLJCA TION 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

09 Nov 2005	FD-2005-00172

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APPL!CANT'S;LSSUE AND THE B0ARD'5•DECISIONAf/RATIONALA.RE DISCUSS,ED. ON THE ATTACHED AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
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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.

SIGNATURE OF RECORDER

./     -	,	SIGNATURE OF BOA.Rl1PRESIDENT	-·

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TO:	FROM:

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SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

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RANDOLPH  AFB, TX 78150-4742	ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00172	

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 an isolated incident in 42 months of outstanding service. The records indicated the applicant was sentenced to 25 days of hard labor without confinement, restriction to base for 30 days, and forfeiture of $50 per pay for 12 months after being found guilty by a Special Court Martial for willfully and wrongfully publicly exposing himself. 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.

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