I _	AIR  FORCE  DISCHARGE   REVIEW   BOARD  HEARI NG  RECORD
NITIAL)	GRADE	I AFSN/SSAN

AB
TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
---coiiNSEL	NAME OF COUNSEL AND OR ORGANIZA TJON	ADDRESS AND OR ORGANIZATION ot- COUNSEL
YES	No
x

·--·---·---

MEMBER SITTING

-

-

-

VOTE OF THE BOARD
HON	GEN	UOTHC	OTHER	DENY
x x x x
x

.,. 	

ISSUES	A95.00	INDEX NUMBER	A67.10	_     ..·         EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLJCATION 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

25 Jan 2006	FD-2005-00196
APPLICANT'S ISSUE AND lHE BOARD'S DECISIONAL RATIONAL ARE.DISCUSSED O_N THE AT!ACHEI) Ant FOR.CE I:.tlSCHARGE REVl:EW llOARD_DECISIONALRATIONALE

Case heard at Washington, D.C., without the applicant's presence.  He did not appear for a scheduled personal appearance. 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.

I	A
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,_

INDORSEMENT -.	DATE: 1/2712006
···-·.........	-   "'"''-· ,.y---..:...._	_
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISClli\RGE REVIEW  BOA.RD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, JRD FLOOR

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-2005-00196	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and scheduled a personal appearance via video teleconference, but failed to appear.

The following additional exhibits were submitted at the hearing: None.

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 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:

Issue 1. Applicant requests an upgrade of his discharge.  His DD Form 293 contained no basis for this request other than the phrase "trying to move on with life."  The DRB was pleased to see that the applicant wants to move forward.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The records indicated the applicant received nonjudicial punishment under Article 15, UCMJ, for larceny.  He received a vacation action and Letter of Reprimand for failure to go at the time prescribed to his appointed place of duty.  Moreover, he received one Letter of Reprimand for failing to maintain dormitory standards and three Records of Individual Counseling for failure to shave, insubordinate conduct, failure to obey an order, and failure to perform telephone watch.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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