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
« '</COIJNSl!L  . . NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION Ot" COUNSEL
YRS	No
x
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MEMBER SITTING	llON	GEN	UOTHC	OTllER	DENY
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ISSUES	AOl.15	INDEX NUMBER	A67.30	EXJ:IJBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIUNAL EXHJBJT:s :suBMJTI ED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

02 Nov 2006	FD-2006-00007
APPLICANT'S ISStJ!I Alljb 'll!lfl;\?AAD'S DECJSIONAl. RATIONAL ARE DISCUSSED ON 1lJ!i An:ACHED AIR FORCE DISCHARGE REVIEW BOARD DCISIONAI. RATIONALE
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Case heard in 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 appl icant at the applicant's request.

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TO:	t"ROM:

SAF/MRBR

Sf.CKF.TARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB,  TX 78150-4742	ANDREWS AFB, MD 20762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI:: NUMBl::R

FD-2006-00007	

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 neit her  the evidence of record  nor that  provided  by  the  appl icant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:

Applicant contends there was an impropriety in his discharge from the Air Force.  He states his pretrial agreement was breached when the government processed an administrati ve discharge after the window they set in his pretrial agreement.  This issue is without merit.  The records indicated the applicant received a Special Court Martial for being drunk and disorderly and carrying a concealed weapon.  He was sentenced by a military judge with a reduction in grade to airman and 45 days of confinement.  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 requi rements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative d ue process.

In view of the foregoing findings, the Board further concludes that there exists no l egal or equitable basi s for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief