AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE I N ITIAL)	AFSN/SSAN

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A1C

I• • • • • • • • • • • • • • • • •1

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TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

1- co_u..N..s_E_L_-I NAME OF COUNS! L AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

:Y, T*1 THE BOARD
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MEMBER SITTING
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HON	GEN	UOTHC

OTHER	DENY
x

ISSUES

A94.0S

INDEX NUMBER

A67.30

x x x
x

1	ORDER APPOI NTING THE BOARD
2	APPLICA TJON FOR REVIEW OF DISCllARGE
3	LETTER OF NOTIFICATION
4	BRIE!' OI' PERSONNEL  FI LE COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXI llBITS SUBMITTED AT TIME OI'
PERSONAL APPEARANCE

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TAPE RECORDINU OF PERSONAL APPEARANCE HE

HEAlllNG  DATE	CASE NUMBER

13 Mar 2007	FD-2006-00170
APPLICANT'S ISSU!l AND	BOA'S DBCISIONAL Mt'ION4'f.1i\;U,OISCUS$   1?.Pll A'M'ACHl! 'li	OISCliARGll  IUMll\\tllpARD  l'>l:lCISJONAL  RATIONALE
>         •	' • '·' ,lt,,.  <	'
Case heard in Washi ngton, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an appl ication to the AFBCMR.

Names and votes will be made available to the appl icant at the applicant's req uest.

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TO•	FROM•
SAI'/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSONN!:L COUNCii, AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMA Nil Jlll, Ji:F, WING, 311D FLOOR ANDllEWS AFR, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

CASE NUMBER

FD-2006-00170

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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 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 contends discharge was inequitable because it was too harsh and based on an incident for which he had already received punishment.  The records indicated the applicant received a Summary Court Martial   for misconduct.  Applicant was found guilty by the Summary Court Martial for unlawfully striking another airman with a wooden stick and unlawfully entering the dorm room of an airman.  He was sentenced with a reduction in grade to Airman First Class and confinement for 30 days.  The Board concluded the misconduct was a significant departure from conduct expected of al l 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 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