AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

TYPE   GEN	x	I

ITIAL)

PERSONA L APPEARANCE

GRADF:

AB	I
I	R ECORD REVIEW

r---co_uTN"_SE_L_-; NAME OF COUNSEi,ANO OR ORGANIZATION YES	No
x

ADDRESS ANO OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY
x

ISSUES

A92.0I

INDEX NUMBER

A66.00

x x x x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR R EVIEW OF DISCHARGE
1	
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE

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COUNSEL'S R ELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE
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JIF,A;·; c;._oA_T_E

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N_l!M_B_ER

23 Jan 2006

FD-2005-00250

APPLICAN'f'S lSSUE AND nm BOARD' s DEC1Slot:lt\J3RATJONfi.t'ilRE DISCUSSED ON.'J]}l!'ATfACHED AIR FORCE DlsO{liJt!\)f:REVIEW BOARD DECJSIONAL .R;.\'fJONALE '	.
Case heard via video-teleconference  between St. Augustine FL and Andrews AFB, MD.

Ad vise applicant of the decision of the Board and the right to submit an application to the AFBCMR . Names and votes wi ll be made available to the applicant at the applicant's req uest.

/
/

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-DATE: 1/2  !)!:! ---J·,,.:..:.:.......·=--

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00250	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video­ teleconfcrcnce between St Augustine, FL and Andrews AFB, MD on 23 January 2006.

The applicant submitted no additional documents at the hearing.

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

FINDINGS:  Upgrade of 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.

ISSlJ E:

Issue.  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, awards and decorations and other accomplishments.  They found the seriousness of the willful misconduct offset the 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.

CONCLUSI ONS: 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