AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE

AB

AFSN/SSAN
:.-..------------- - ------- ·

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TYPE  GEN	x	I

PERSONAL  APPEARANCE

I	RECORD   REV IEW

COUNSEi,,
l---r	1
YES	No
x

-.

_,

NAME OF COUNSEL AND OR ORGANIZATION

MEMBER SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD
HON	GEN	UOTHC	OTHER	DENY

*	x

*

x
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*	x
*	x
x

ISSUES	A95.00 AOl.00

I       INDEX  NUMBER

A67.30

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TJON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE

CASE NUMBER

16 Nov 2006	FD-2006-00095
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAi,, RATIONAL ARE DISCUSSED ON THE ATIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONAl,,E

Case heard at Washington, D.C.

* Change reason for discharge to Minor Disc iplinary Inf rac t ions

Advise applicant of the decision of the Board and the right to submit an application to the A FBCMR. Names and votes wi l l  be made available to the appl icant at t he appl icant's req uest.

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INDORSEMENT	DATE:   ll/16/2006

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78I50-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND  DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00095	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Travis AFB via video-teleconference  with Andrews AFB, MD, on 16 Nov 2006.

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

FINDINGS: Upgrade  of discharge is denied. Reason for discharge should be changed to  Minor Disciplinary  Infractions.

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. However, the Board determined that the applicant's reason for discharge was inappropriate and should be changed to Minor Disciplinary Infractions.

ISSUE: The records indicated the applicant received an Article 15 for being absent without leave (AWOL). He was also charged and found guilty by a Summary Court Martial for being AWOL  from his unit. The evidence found in the record indicated that the applicant was AWOL from his unit on two occasions. The first occasion he was absent for 2 days. On the second occasion, he was absent for 10 days. The DRB opined that the applicant had ample opportunities to contact the appropriate personnel in his chain  of command to secure military leave. The applicant understood proper leave procedures and chose to leave on impulse instead of following these procedures. 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. However, the Board determined that the applicant's reason for discharge was inappropriate and should be changed to read Minor Disciplinary Infractions because  the applicant had not committed an offense which could have resulted in a punitive discharge as required by AFI 36-3208, paragraph 5.52 . His absence would have to have lasted for more than 30 days to make him subject to a punitive discharge at a court martial.

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.

However, the applicant's reason for discharge should be changed to Minor Disciplinary Infractions under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief