AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

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

AFSN/SSAN

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AlC

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TYPE GEN
}JC?  COUNSEL
YES	No
x

I	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	I	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
x
x
x
_,
x
x
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ISSUF:S

A93.07

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER or NOTl l'ICATION
4	BRIEF or PERSON NEL FILE COUNSEL'S RELEASE TO THE BOARD
A DDITIONAL EXHIBITS SU BMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDI NG OF PERSONAL APP EA RANCE HE

HEARING DATE

CASE NllMBER

08 Feb 2007	FD-2006-00214

...     .

Case heard in Washi ngton, D.C.

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AIR t<)Kl.I!

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

Names and votes will be made available to the applicant at the applicant's request.

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TO,

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

SECRETARY OF THIC AIR  FORCE PERSONNEL COll NCll. AIR  FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDRF;WS AFB, MD 20762- 7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUM BER

FD-2006-00214	

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 many of the problems he was having were due to his marriage.  These problems have been resolved and he has requested an upgrade of his discharge to allow for reenlistment into the armed forces.  Unfortunately, applicant's discharge processing fi les were unavailable to the Board for review due to being missing from the record.  Because applicant's discharge file was unavailable to the Board for 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 req uested to provide any pertinent information he may have about the discharge file or his record of service, applicant advised he did not have any relevant information.  Since there is no evidence to substantiate any inequities or improprieties, the
Board relies on the presumption ofregularity and finds the discharge proper and without basis for upgrade.

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 concl udes 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