AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
:   -----------------------------------i
'
'	----------------------------- ·

GRADE

SSGT

I    AFSN/SSAN
I    r·	1

TYPE  UOTH

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

1--....<-f.'O\""!'"J "'..S..E.l_··...·	NAME OF COUNSEL AND  OR ORGANIZATION YES	No
x
MEMBER SITTING

I  """"AND OR ORGAN TIO• O• '°"'<n

V(i)TE e>F THE 801\.RD
HON	GEN	UOTHC     I	OTHER

DENY
x

,_._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
ISSUES		A92.35 A94.05

INDEX NUMBER

A94.07

x x x
x

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
3	
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

19 May 2006	FD-2005-00253

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.

*Reason and Authority
+Reenlistment Code

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550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE: WING, 3RD  FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  AFB, MD 20762-7002
I 	
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00253	

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

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

FINDINGS:	Upgrade   of  discharge,  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 too harsh and is based on one isolated incident. The records indicated the applicant was discharged from the Utah Air National Guard in accordance with AFI 36-3208, Chapter 4, Discharge in Lieu of Court Martial.  The applicant had four infractions within a twelve month period.  The first infraction was for simple assault and the other three infractions were for indecent exposure.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  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