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I	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
(;QlJNm,,	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x

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VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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x *+
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ISSUES	A94.53	INDl':X NUMBER	A67.IO	EXHIBITS SUBMITTED TO THE BOARD
A95.00	1	ORDER APPOINTING Tl-IE BOARD
AOl.00	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSON N E L FI LE COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING Ol' PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

24 May 2006	FD200500375
APPLICANT'S ISSUE AND THE BOARD'S PEClSIONALRATIONAL ARE PlSCUSSEP ON THE ATTACHED AIR FORCE OISCHAROBMYIBW OOARJ) O!!CISIONAL RATIONALE

Case heard at Wash ington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance wi th/without counsel, and the right to submit an application to the AFBCM R

Names and votes wi 1 1 be made available to the applicant at the applicant's req uest.

*Reason and Authority
+Reenlistment  Code

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.	JNDORSEMENT	DATE: 5/3012006	 	
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TO:	FROM:

SAF/MRBR

Sl:CRl:TARY OF THE AIR FORCE PERSONNl:L COUNCU. AIR FORCI: DISCHARGI: 1u:vu:w BOARD
550 C STREET WEST, SUITE 40	13 COMMANU  Ult, l:E WING, 3RD FLOOR
RANDOLPH AFB, TX 781 50-4742	ANDRl:WS AFB, MD 2U762-7002

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASR NUMBER

FD-2005-00375	

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 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 the reason and authority, and to change the RE Code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant had received an Article 15 for failure to go to appointed place of duty; derelict in the performance of those in that he willfully failed to refrain from riding in a privately owned vehicle during duty hours to school; and with
intent to deceive, made an official statement "I walked to school", which was known to be totall y false.  As a result, applicant was punished with a reduction to airman basic, forfeiture of $100.00 pay for two months
and 14 days of extra duty.  He also received an AETC Form l 25A for removal from technical training; a Letter of Reprimand and entry on Unfavorable Information File for showing disrespect towards a Non­ Commissioned Officer, and a Record of Individual Counseling for prohibited items in his dormitory room. 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