AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
:------------------------
'     ------------------------·'

GRADE

AMN

AFSN/SSAN

'	'

.-._-_-_-_--_ -_ -_ -_ -_ -_ -_-_-_·_
'	'

TYPE  GEN

PERSONAL  APPEARANCE

x	RECORD REVIEW

l_...c..o..u.,N..s..E..L.......o..j NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANJZA TION OF COUNSEL

MEMBER SITTING

--------------------------------- ·'

HON

X*+

X*+

X*+ X*+

ISSUES

A94.05

INDEX NUMBER

A67.30

I	OR DER APPOINTING  Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITI   NAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X*+

TAPE RECORDING OF PERSONAL APPEARA NCE HE

HF.ARING DATI;;	CASE NUMDJi:R

20 Mar 2007	FD-2006-00396

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.

* Reason and Authority
+ Reenlistment Code

·----------------------------------------------------------------------------------------------------------

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR 'ORCE DISCHARGE REVIEW BOARD
1333 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 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-2006-00396	

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, 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, change ofreason and authority for 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 contends discharge was inequitable because it was too harsh and based on one isolated incident. The records indicated the applicant received an Article 15 for misconduct.  The applicant received an Article 15 for presenting a fraudulent claim for loss against the United States in the amount of $297.97.
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