AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SF:RVTCE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRAm:	AFSN/SSAN

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SSGT

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TYPE  GEN

I	PERSONAL    APPEARANCE	x	I

RECORD REVIEW

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C01l111\1,!li;, , -   NAME OF COUNSEL ANL> OR ORGANIZATION
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AIJL>RESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

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OTHER

DEN Y

X* X*
X* X*

SSUES

A94.05

INDEX NUMBER

A67.30

X*
EXHIBITS SUBMITTED TO THE BOARD
I	ORDER APPOINTING THE BOAR D
2	APPLICATION FOR REVI EW 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 PERSONAL APPEARANCE I IE

H!;ARING DATE	CAS ; NllMB R

28 Sep 2006	FD-2005-00491
Al'PllCANf'S-!ljStle-),(WPrllll\ llOAAD'S Dl!CISJoNAL ll.AflONAL A!WtllSCUSSJ!O ON fHE ATTACHED  AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL lUTIONALllf-
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Case heard in Washington, 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 will be made available to the applicant at the appl icant's req uest.

* Reason and Authority

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=-.-------------------------------------""tmrc>RSEMENT	' ""	DATE: l0/2/2006

TOo

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFI3, TX 781 50-4742

SECRETARY OF THE AIR t'ORCE PERSONNF:L COllNCIL AIR FORCE mSCIIARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 0762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed ition wi l l be used

CASE NUMBER

FD-2005-00491

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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

The applicant contends the discharge was inequitable because it was too harsh.  The records indicate the applicant was discharged from the Texas Air National Guard for commission of a serious offense.  Due to the complete lack of additional/supporting documentation to explain the exact circumstances of the offense, the Board was left to conclude that the misconduct must have been a significant departure from conduct expected of all military members.  Again, based on the paucity of information, the characterization of the discharge received by the applicant was found to be appropriate.

Ifthe applicant can provide additional documented information to substantiate an issue, the applicant 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 and any exemplary post-service accomplishments as well as any contributions to the community.

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