AIR FORCE DISCH ARG E REV IEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRAD;	AFSN/SSAN

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TYPE   GEN	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW	 	
COUNSllL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSF:I.

YES	No
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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

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ISSUES

AOl.00

INDF:X NUMBF:ll

A67.30

EXHIBITS SllBM1TTED TO THE BOARD

A95.00	I	ORDER APPOINTING THE HOARD 	
2	APPLICATION l'OR REVI EW OF DISCl lARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONN EL FILE COUNSEL'S  RELEASE  TO Tl-IE  BOARD
ADDITIONA L EXI llBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL APPEARANCE  I IE

HEARING DATE	CASI:; NUMBER

25 Jan 2007	FD-2006-00228
AJ>PLli  ·s ISSUE AND THI!. OAR.D'S Dl!CJ$IONAl. l!.ATIONAL ABE DISCUSSED ON Tti	ACHED Alli fOllCI! Ol:'.	VUl:W J!OAllJ) Dl!C'.S/ONAL !IAllONALE
Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel , and the right to subm i t an application to the AFBCMR

Names and votes wi l l be made avai l able to the applicant at the applicant's req uest.

* Reason & Authority
+ Reenlistment Code
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..............·-·.·- -·- - ..,    ....- .....  ........................I......J;;,l .............................. ..........''
.	INDOl\SEMENT	.	.    ·	•	DATE:  2/612007
TO:	FROM•
SAf/MRBR	SECRETARY OF THE All{ FORCE PERSONNt:t. COllNCIL
AIR FORCE DISCHARGE REYIEW BOARD
550 C STREET WEST, SU ITE 40	1535 COMMAND DR. EE WING, JRD t"LOOH
RANDOLPH AFB, TX 781 50-4742	ANl>REWS Arn, Mil Z07f>l-700Z

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00228	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  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 ( DRB) but declined to exercise this right.

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

FINDI NGS:	Upgrade   of  discharge,  change  of  reason  and  authority  for  discharge,   and  change  of reenlistment code are denied.

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.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record.  He has expressed his desire for upgrade of his discharge to allow for reenlistment into the armed forces.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant was arrested by the Colorado Springs Police Department for stealing items from a sporting goods store.  He plead guilty to theft and
recei ved a deferred judgment and was ordered to perform 48 hours of useful public service within 6 months and to pay restitution within 30 days.   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 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