AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAM E  OF SERVICE MEMBER {LAST, FIRST MIDDLE  INITIAL)
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GRADE

SRA

AFSN/SSAN
.-- - - - - - - - - - - - - - - - - - -.

TYPE UOTH

I	PERSONAL     APPEARANCE

x	I	RECORD    REVIEW

..•     COUNSEL	NAMF. OF COUNSEL AND OR ORGANIZATION
1-  -,. ---1
YES	No
x

MEMBER SITTING

ADDRESS ANI> OR ORGANIZATION OF COUNSEL

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HON	GEN	UOTHC	OTHER	DENY

x

x x x x

ISSUES

A92.35

INDF.X  NIJMDER

A75.00

1	ORDER A PPOINTING THE BOARD
2	APPLICA TlON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TlON
4		BRIEF OF PERSONNEL FILE COUNSFL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMl'l'TED AT TIME or
PERSONAL APPEARA NCE

TAPE RECORDING OF PERSONAL APPEARANCE I IE

HEARING DATE	CASE NUMBER

08 Mar 2007
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FD-2006-00356

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Case heard in Wash i ngton, D.C.

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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 avai lable to the appl icant at the applicant's req uest.

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FROM•	· •·······················

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SAF/MRBR
550 C STREET WEST, SUITE 40
RAN DOi.i'ii AFB, TX 781 50-4742

SRCRF.TARY OF TllE AIR FORCE PERSONNEL COUNCii.
AIR FORCE DISCHARGE REVIEW  ROARD 1535 COMMAND DR, EE WING, 3RD f"LOOR ANDREWS AFB, MD 20762·71102

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00356	

GENERAL:  The applicant appeals for upgrade of discharge to General.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains avai l able pertinent data on the appl icant 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 ineq uity or impropriety that would justify a change of discharge.

ISSUE:  Appl icant contends discharge was inequitable because it was based on one isolated incident in 52 months of service with no other adverse actions.  The records indicated the applicant requested and received an Under Other than Honorabl e Discharge in Lieu of Trial by Court-martial. The applicant was charged with having sexual intercourse with a minor and ad ultery. The Board concluded the misconduct was a significant departure from conduct expected of all military mem bers.  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 eq uitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief