AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST ).IIDDLE IITIAL)	GRDE	AFSN/SSAN

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TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COt:NSEL AJliD OR ORGANIZATIOl'i	ADDRESS A:-ID OR ORGANIZATION OF COUl'iSEL
Yl:S	No
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VOTE OF BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES	A94.53	INDEX l'it:MBl:R	A67.30	·.	mrrs SUBMITTED  TO THE  BOARD
A92.21	1	ORDER APPOINTING THE BOARD
A93.01	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSON AL APPEARANCE

HEARING DAT£	CASE I'ITMBER

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05 Jun 2006	FD-2005-00472
APPLICANT'S JSSl,JB ANI>1llEBOARD'S DECISIONAL	DJSCUSSED ON;'.fHEATIACHED .l\IR.FORCE DlGE REVIEWBOAIIDDEC!SIONAi,, RATIONALE.

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.

Upgrade of RE Code and Reason and Authority are also denied.

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TO:	FROM:
SAF/MRBR	SECRETARY OF THI: AIR FORCE PERSON"IEL COUl'iCIL
AIR FORCE DISCHARGE REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMA"ID DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 78150-4742	ANDREWS AFB, MD 20762·70{)2

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE l'l'UMBER

FD-2005-00472	

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  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 received a General discharge for Misconduct - Commission of a Serious Offense

Issue I .  Applicant states he was never in trouble before the Air Force, has not been in trouble since his discharge, has graduated college, has held two long-term jobs since his release and is now a massage therapist, and considers himself an upstanding citizen who will do whatever it takes to make things right if given another chance.  The records indicated the applicant received a Special Court Martial conviction for two counts of falsely pretending to commercial organizations that he was someone else in order to obtain internet access service and international telephone service.  The Board found no inequity or impropriety in his discharge and concluded the willful misconduct was a significant departure from conduct expected of all military members and found the misconduct of the applicant appropriately characterized his term of service.

Issue 2.  Applicant contends he is trying to reenlist into the Air Force and serve the rest of his career.  He acknowledges that he made mistakes as a young airman and has been regretting being out of the Air Force ever since, serving in the Air Force was the best thing in his life and he ruined that with the mistakes he made, he was young and away from home for the first time and made some bad decisions, he made restitution for everything he did, admitted willingly to everything he did, and served his punishment.  The DRB was pleased to see that the applicant was doing well and has a good job; however, no documentation was furnished to support applicant's contentions and these are not matters of inequity or impropriety which would warrant an upgrade.

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, reason and authority for the discharge, and reenlistment code should not be changed.

Attachment: Examiner's Brief