AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME  OF SERVICE MEMBER  (LAST, FIRST  MIDDLE  INITIAL)	GRADE	AFSN/SSA N

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TYPE UOTH
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YES	No
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I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
NAME OF COUNSEi. AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

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MEMBER SITTING

HON

GEN

UOTHC	OTHER

DENY

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ISSU£S		A95.00 AOl .00

x x x
x
INDEX NUMBER	A94.07	Iiii EXHIBITS SUBMITTEIHO THE BOI\:
1	ORDER APPOINTING THE BOARD
2	APPLICATION I'OR REVIEW or DISCHARGE
3	LETTER OF NOTIFICATION
4		BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TllE SOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARA NCE

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TAPF. RECORDING OF PERSONAL APPEARANCE HE

HEARI NG DATE	CASE NUMBER

29 Mar 2007
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FD-2006-00436

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11\JAIW

Case heard in Washington, D.C.

Advise appl icant 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.

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TO,	FKOM:
SAF/MRBR
550 C STREET WEST, SlJTTE 40
RANDOT.Pll AFB. TX 781 50-4742

DATE:  4/912007

SECRF;TARY OF THE AIK FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ  FORM  0-2077, JAN  00	(Ef -V2)	Previous edition wi 1 1 be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nll MRER

FD-2006-00436	

GENERAL:  The applicant appeals for upgrade of discharge to honora ble.

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:

The applicant stated she was tol d her discharge could be upgraded in six months.  While a discharge may be upgraded, the upgrade is by no means automatic.  The records indicate the applicant requested a discharge in lieu of a court-martial.  She admitted to theft of a cellular phone and making a false official statement by altering a sick quarter's sl i p.   A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so the Board
denied the appeal.

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 administrati ve 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