AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NIT1AL)

GRAJ>E

TYPE GEN			
.c;ouNSE.,/· :
YES	No
x	NAME Ot' COUNSEL AND OR ORGANIZATION		

MEMBER SITTING	

·-----,.-

PE_R_SO__N_A_L_A_PPEARANCE

SSGT

x	RECORD  REVIEW
ADDRFSS AND OR ORGANIZATION  Clt' COUNSEL

HON	GEN

UOTHC

OTHER

DENY

X+* X+* X+*
X+*

ISSUES

A92.0l A92.03

INDEX NUMBER

A61.00

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

X+*

ADDITIONAL EXHIBITS SUBMITTED AT TJJ.1E OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA NCE

llEARING DATE	CASE NUMBER

14 Feb 2006

FD-2005-00302

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.

+ RE Code
* Reason and Authority
/

SIG
k

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY  OF THE AIR  FORCE PERSONNEL  COUNCii. AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EF WING, JRD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ l<'ORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nll MBER

FD-2005-00302	

GENERAL: The appl icant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and to change the reenl istment code.

lbe 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, change of reason and authority for discharge,  and  change  of reenlistment code 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.

ISSUES:

1.	Applicant contends discharge was inequitable because it was unrepresentative of his military service. The records indicated the applicant received a civilian conviction for misconduct. The misconduct was for possession of a handgun on school property and endangering the welfare of children when the weapon was accidentally discharged. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. The DRB recognized the fact that the applicant had completed 16 years total military service before the discharge was initiated, but concluded the applicant's misconduct outweighed the positive aspects of his time in the Air Force. The Board noted the applicant was entitled to request an administrative discharge board, but chose to waive this right. 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.

2.	Applicant requests that the Board retroactively date his discharge to read 28 Aug 2002, the actual date of his civilian conviction. The Board noted that it is not in the purview of this board to change dates. No action was taken on this request. Applicant will be notified to contact  the Air Force Board of Corrections for Military Records.	

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