AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
.·.	NAME  OF COUNSEL AND OR ORGANIZATION	ADDRESS AND UR ORGANIZATION  OF COUNSEL
YES	No	I
x

MEMBER SITTING

···············•··	• • c·····.·· \ ··•···•·•••· r·

VOTE OF • tu.

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l lON	GEN	UOTHC	OTHER	DENY

x

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.
x
,	.
x

.	x
x
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ISSllES

A94.05

INDEX NllMDER

A67.90

·················· ·· ·····	EXJJllJllll::l::U,.,:(j'.JMif

ITTED TO

;.. ..

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	I.ETTER OF NOTIFICATION
4	BRI EF OF PERSONNEL FILE COUNSEL'S RELEASE TO THF BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAi , APPEARANCE HE

HEARING DATE	CASE NUMBER

20 Feb 2007	FD-2006-00251

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APPLICANT'S ISSUE ANfl THE BOARD'S ' '"'	"'·RA ON THE ,:  :HED 1w<  '.\;f"	RI VIEW HOARD	.·.·.S.ri:'ii:i:'ilii \>>....

1

· ·•·•
Case heard in Washington, D.C.

Ad vise 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 wi ll be made avai lable to the appl icant at the applicant's req uest.

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TO'	FROM,

SAF/MRBR

SECRETARY Ot" THE AIR FORCE  PERSONNEL  COUNCIL
AIR FORCE OISCHARGE  REVIEW  BOARfl
550 C STREET WEST, SUITE 40	13 COMMA Nil DR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 781 50-4742	ANDREWS AFB, MD 20762-7002

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

CASE NUMBER

FD-2006-00251

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.  The records indicated the applicant received an Article 15 for misconduct.  The Article 15 was administered for failure to obey a lawful order to remain in Parachute Room 1 and stealing $80.00, the property of a non-commissioned  officer.  Applicant was punished with a reduction to Airman First Class and suspended forfeiture of pay for two months.
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 member consulted counsel or submitted statements in his own behalf at the time of the discharge.  When requested to provide any pertinent information he may have about the discharge file or his record of service, applicant did not provide any relevant information.  Since there is no evidence to substantiate any inequities or improprieties, the Board relies on the presumption of regularity 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 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