AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

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G RAl>F:	I   A  1:'<:1\11<;:<.: A l\I

AMN
I

TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

1-_c_o_u_N_SE_L_--i NAMF. OF COUNSl':L AND OR ORGANIZ.ATION
YES	I	No
I x

ADDRESS AND OR ORGANIZATION  Of- COUNSEL

MEMBER SITTING

HON

GEN	UOTHC	OTHER

DENY
x x x x
x

ISSUES

A92.35

INDEX NUMBER

A67.30

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TllE BOARD
ADDITIONAL EXHIBITS SUBMllTED AT TIM E OF PERSONA L APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

·"-··-· ----------<1- -----------------+---+--- ------------------1
HEARING DATE	CASE NUMBER

13 Feb 2006

FD-2005-00320

PLI(CANTs ISSUEf-N T	:,BEf'._ l(JN    '.n	Rl!	$1	1-AIR Fp  ,P >Jt<f JtEVIE\\' !!OARD Dt:<;JS	- llN:,;if	'&!fr'\;:111:1
Case heard at Washington, D.C.

Ad vise 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.

 	l	I

TO:

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

FROM:

'-' "-" -'-
SECRETARY OF TtlE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW JIOARD
15.15 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, ]'.fD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI': Nll MllER

FD-2005-00320	

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

The 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 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.

ISSUE: Applicant contends the discharge was inequitable because it was based on one isolated incident in seven years with no other adverse incidents. The records indicated the applicant received an Article 15 for misconduct.  The misconduct included stealing merchandise from the base exchange val ued at about
$606.59.  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.

CONCI,USIONS: 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