AIR FORCE  DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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TYPE    GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEi.	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
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SSUES	A95.00	INDEX NUMBER	A61.00	EXHIBITS SUBMNTED T:P T,HE BOARD
AOl.00	I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVI EW OF DISCl lARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSON N EL FILE COUNSEL'S  RELEASE  TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONA!, APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

Hl::ARING DATE	CASE  NUMB!:R

13 Mar 2007	FD-2006-00376
-ANT'S ISSUE AND THS BOAltQ'S 01$, ION RATIONAL.ARI> DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BQARO OECrnlONAL llATJONALB	.

Case heard in Washi 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 application to the AFBCMR.

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

+ Reenl istment Code
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DATE: 3/2' 1/200'1

'	······. r····•	JNJ>ORS•EMENT	l?	"' "' '
TO:	Fl!OM:
SAF/MRBR	SECRETARY OF THE AIR FORCE P•;l!SONNEL COllNf'IL
AIR FORCE DISCHARGE REVIEW  BOARD
550 C STREET WEST. SUITE 40	I535 COMMAND DR, EE WING, 3RD FLOOR
RAN DOLPI I AFB, TX 781 50-4742	ANDREWS AFB, MD 20762·7002

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

CASE NUMBER

FD-2006-00376

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL:   The applicant appeals for upgrade  of discharge to honorable  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. FINDINGS:  Upgrade of discharge and change of reenlistment code are 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 has expressed a desire to upgrade his discharge and change of his reenlistment code so that he may qualify for reenlistment into the armed forces.  The records indicated the applicant received two Letters of Reprimand for misconduct.  The applicant was administratively disciplined for two civilian arrests.  His first arrest was for larceny (theft of a lady's purse) and his second arrest was for failure to yield, reckless driving, and driving under the influence of alcohol.  The Board concluded the applicant's 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