AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SF:RVICE MEMBER (LAST, FIRST MlDDU: INITlAL)	GRADE	AFSN/SSAN

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AIC

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TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
co J!\t.,	NAME OF COUNSEL AND OR ORGANIZATION	ADllRESS ANll OR ORGANIZATION  OF COUNSEL YES	No
x
VOTE OF THE B9ARD

MEMBER SITTING

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HON	GEN	lJOTHC	OTHER	DENY
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x
w
x

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x
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ISSUES	A94.05	IND:x  NUMBER	A67.30	EXHIBITS SlJBMITTD TO THE SOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSON NEL FILE COUNSEL'S RELEASE TO THE l:lOA R D
ADDITIONAL EXHll31TS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE H E

HEARING IJATE	CASE NUMBER

08 Feb 2007	FD-2006-00231
APPLICANT'S ISSIJ£ AND tli'WU!J,!'S DECISIONAL RATIONAL AM DISCUSSED ON THI! ATr<l't'liflD Alli fOllCll DISCHAl<:Ql!:IWYIEW l!OAl\tl DECISIONAi. RATIONALl!  ,, '
'   ·',	>n  , ',  ,, <  <         <

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

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------------------------------------------l-N-D--O-R--S-E-M--E-N--T---------------	------------------------------D-A-T--E-:----2-1:2007
TOo	FRUM,
SAl'/MRBR	SECRETARY OF THE AIR FORC>: PEl<SONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SlJITE 40	1535 COMMAND DR, EE WING, JRD FLUOR
RANDOLPH Af B, TX 78150-4742	ANDREWS AFB, MD 20762-7002

AFHQ l<'ORM 0-2077, JAN 00	(EF-Y2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00231	

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 appl icant and the factors leading to the discharge.

FINDI NGS:  Upgrade of discharge is denied.

The Board finds that neither the evidence ofrecord nor that provided by the appl icant 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 one isolated incident in 138 months of service.  The records indicated the applicant received a Special Court Martial for misconduct. Applicant was found guilty of unlawfully obtaining and observing a highl ighted Promotion Fitness Examination (PFE) study booklet reflecting actual test material and theft of a PFE.  He was sentenced to confinement for 45 days, forfeiture of $100.00 pay for six months, and reduction in grade to Airman First Class.  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