AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

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ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE O lTBE BGARD

MEMBER  SITTING	HON
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OTHER	DENY

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ISSUES

A93.19 A92.21
AOl.55 A94.05 A02.25

INDEX NUMBER	A66.00

l	ORDER APPOINTING THE BOARD
2	APPLICATI ON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTJFICATION
4		BRIEF OF PERSONNEL PILE COUNSEL'S RELEASE TO THE BOARD
l--+-ADD1=T=1oNAL E=·x=tt1s=1=rs"s=u=s=M=1T=TE= = AT TlME O"F''·"'"--·--
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

05 Jul 2006	FD-2005-00344
APPLIC/liNT'S ISSUE AND THl!BOAlltJ'S DECISIONAL RATIONAL ARE DISCIJSSED ON THE ATTACHED AIR !'ORCE DISCliARGf: REVIEW BOARD DECISIONAL RATIONAL£

Case heard at Washi ngton, D.C.

Advise appl icant 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 wi l l  be made available to the applicant at the applicant's req uest.

* Reason and Authority

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

SECRETARY OF THE AIR FORCE PERSONNICI. COUNCIL AIR FORCE DISCHARGE REVIEW JIOARU
1535 COMMAND DR, EE WING, 3RU FLOOR ANDREWS AFJI, MU 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-2005-00344	

GENERAL:	The  applicant  appeals  for upgrade  of  discharge  to  general  and  to  change  the  reason  and authority for the discharge.

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 and change of reason and authority for discharge 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:

Issue I . Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant had a General Court Martial Trial for misconduct in which he was found guilty on six Specifications.  Specifications  1-4, he was found guilty of orally communicating to females certain indecent language; and Specifications 5 and 6, he was found guilty of wrongfully communicating a threat.  He was sentenced to forfeiture of $500.00 pay for three months.  The DRB 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.

Issue 2.  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, letters ofrecommendation and other accomplishments.   They found the seriousness of the willful misconduct offset any 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.

Issue 3.  The DRB was pleased to see that the applicant was doing well.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

Ifapplicant can provide additional documented information to substantiate an issue, he should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity, copies of discharge documentation provided to applicant upon separation, and any exemplary post-service accomplishments as well as any contributions to the community.  Applicant must exercise his right to make a personal appearance before the Board no later than November  1, 2006.	

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