AI R FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAM E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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AlC

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TY PE  UOTH

I	PERSONAL     APPEARANCE

x	I	RECORD    REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD

MEMBER  SITTING	HON	GEN	UOTllC
:-----------------------------------   :

OTH ER	DENY
x

'	r':	i--	+-	+-	---f	--+	-1

x

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x
x
x
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ISSUES

A93.07

INDEX NllMllRR

A94.07

EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	A PPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER or NOTI FICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TI ME OF PERSONAL APPEARANCE
TAPE RECORDING  or PERSONAL  APPEARANCE  HE

HEARING DATE	CASE  NllMBER

01 Mar 2007	FD-2006-00367
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW llOARD DECISIONAL RATIONALE

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

'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - /.1./. - - ./.l.._ ---	--v</ ,/

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TO,	FROM:
SAF/MRHR
550 C STREET WEST, SU ITE 40 RANDOLPH  AFB, TX 781 50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, F:R WING, 3RD FLOOR ANDREWS AFI!, Mll 20762·7002

AFHQ FORM 0-2077, JAN 00

(Ef -V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00367	

GENERAL:  The applicant appeals for upgrade of discharge to General or 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  appl icant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:

The applicant requests discharge upgraded because he was entitled to an honorable from the beginning.  He states he was involved in a case with his stepson who was convinced by his mother to falsely accuse him of sexual mistreatment.  He states that it was later discovered that he (stepson) made those statements to be removed from his mother's custody.  He supported the accusation to help his stepson be released from his mother's custody.  The stepson was released from custody of his mother and joined the Army.  Applicant states that Army asked about the case and stepson admitted he made a false statement and that applicant had in fact never done anything he was accused of.  Applicant states he gave up a promising career and regrets helping stepson.  The records indicate that the applicant was charged for violation of Article 125, Sodomy and Article 134, for wrongful endeavor to impede an investigation and commitment of an indecent act.  He requested to be discharged from the Air Force in lieu of court-martial.  His request was approved and discharged with Under Other than Honorable Conditions.  The Board reviewed the records and found no evidence to substantiate the applicant's issue and 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.

Jn 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