AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

J E OF SERVICE  MEMBER  (LAST, FIRST MIDDLE INITIAL)

iPE  GEN	X	PERSONAL    APPEARANCE

GRl\DE

AB

AFSN/SSAN

RECORD REVIEW

-c_o uN_'SE_L_ NAME OFCOllNSH AND OR ORGANIZATION         YES	No
x

ADDRESS AND OR ORGANIZATION  Of COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER

)

ISSUES

A67.50

INDEX NIJMBER

A94.05

):

x x x
F]XHIBp:S  lJMl'J'TEJ) TO TH E BOA,RD
l	ORDER APPOINTING THF BOARD
2	APPL!CA TION FOR REVIEW OF DlSCHARGF
3	LETTER OF NOTIFICATION
2	
4	BRIEF OF PERSONNEL FILE	-
C0UN SEL'S RELEASE TO THE BOARD
ADDITIONAL EXHJBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDJNG OF PERSONAL APPEARANCE

HEARING DATE	CASE NIJMBER

15 Nov 2005	FD-2005-00187
APPLICANT'S .ISSUE AND THE BOA)Ul:'  oECIS.IONALl\.A,J'IOz:l;l:L ·A,REDisCU.?5£D ON .T!JE,A'J:f {'CtIJ¥:?\'O]lcE. Dl(iliARGE REY!EW BOA)U) DEClSlONAL RATIONALE

Case heard at Washington, D.C.

Advise applicant of the decision of the Board 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'

SAFIM RBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR  FORCE  PERSONNEL  COllNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR 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-2005-00187	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 15 Nov 2005.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions
Exhibit #6: Student Training Report from Lackland AFB
Exhibit #7: Three Character Letters from Margaret Tiez Nursing & Rehabilitation Center Exhibit #8: Loss Prevention Awards from Walmart
Exhibit #9: Two Character Letters from Dunbar Armoured
Exhibit # 10: Letter of Employment from VA Peninsula Regional Jail

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge and 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 discharge was inequitable because it was based on a minor incident in two months of service with no other adverse action whatsoever.

The records indicated the applicant received a Special Court Martial conviction for wrongful appropriation of a government owned vehicle and for making numerous false official statements.

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