AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAMF: OF SERVICE MEMBER (LAST, l<lRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

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TYPE HON	PERSONAL  APPEARANCE

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x	RECORD REVIEW ----------------

ADDRESS AND OR ORGANIZATI ON OF COUNSEL

MEMBER SITTING

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l lON	GEN

UOTl lC

OTHER	DENY

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X*+

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SSIJES

A94.53

INDEX NUMBER

A49.00

1	OR DER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW Of DISCI IARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONN EL FILE COUNSEL'S RELF.ASE TO THE BOARD
ADDITIONAL EXHIBITS SUHMITTED AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL A PPEARANCE HE

HEARING DATE	CASE NUMDF:R

30 Jan 2007	FD-2006-00089

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 wi l l be made avai lable to the applicant at the applicant's req uest.

* Reason and Authority
+ Reenlistment Code

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SAf /MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRF.TARY  OF THE AIR t"ORCE PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB. MD 2071•2-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00089	

GENERAL:  The applicant requested 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 (ORB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Request for change of reason and authority for discharge and change of reenl istment code are denied.

The Board finds the applicant submitted no issues contesti ng 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:

Applicant has expressed a desire to change the reason and authority for discharge and to change the reenlistment code so that he may be eligible for reenl istment into the armed forces.  Unfortunately, applicant's discharge processing files were missi ng from the record and the Board was unable to review.
The Board was unable to conclusively ascertain the nature of misconduct on applicant's part that formed the basis for the discharge.  The Board also could not determine if applicant consulted counsel or submitted statements in his own behalf at the time of the discharge.  When requested to provide any pertinent information he may have about the discharge file or his record of service, applicant was not able to provide any relevant information.  Since there is no evidence to substantiate any inequities or improprieties, the Board relies on the presumption of regularity and finds the discharge proper and without basis to change the reason and authority or the reenl istment code.

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