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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
ey AB
TYPE UOTH PERSONAL APPEARANCE X RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
ADDRESS AND OR ORGANIZATION OF COUNSEL
~ VOTE O
MEMBER SITTING HON | GEN 7 vs OTHER | DENY
ey x
ay x
ay x
i a
ay 7
ISSUES
INDEX NUMBER
A67.30
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
[Gd [bo fee
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
PERSONAL APPEARANCE
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
TAPE RECORDING OF PERSONAL APPEARANCE
REARING DATE
21 Dec 2005
CASE NUMBER
FD-2005-00245
Case heard at Washington, D.C.
Names and votes will be made available to the applicant at the applicant’s request.
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,
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
FROM:
SECRETARY OF THE AIR 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 will be used
CASE NUMBER
FD-2005-00245.
GENERAL: The applicant appeals for upgrade of discharge to 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 applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the
applicant received an Under Other Than Honorable Conditions (UOTHC) Discharge for Misconduct,
specifically for Commission of a Serious Offense — Theft. The discharge documents are missing from the
record and based on the presumption of regularity, the request is denied. The Board 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. If he can provide additional
documented information to substantiate an issue, the applicant should consider exercising his right to make a
personal appearance before the Board. If he should choose to exercise his right to a personal appearance
hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any
exemplary post-service accomplishments as well as any contributions to the community.
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
FD2005-00245
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD
a (Former AB) (HGH SRA)
1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr Keesler AFB, MD on 25 Mar 94
UP AFR 35-41, Volume III (Misconduct - Commission of a Serious Offense - Theft).
Appeals for Honorable Discharge.
2. BACKGROUND:
a. DOB: 24 Aug 70. Enlmt Age: 18 8/12. Disch Age: 23 7/12. Educ: HS DIPL.
AFQT: N/A. A-Unknown, E-Unknown, G-Unknown, M-Unknown. PAFSC: 60531 —
Apprentice Air Cargo Specialist. DAS: Unknown.
b. Prior Sv: None.
3. SERVICE UNDER REVIEW:
a. Enlisted AFRes as AB 19 May 89 for 6 yrs. Svd: 4 Yrs 10 Mo 7 Das, of
which AMS is 9 months 23 days.
b. Grade Status: AB - Unknown
SRA - 01 May 91
Aic - Unknown
Amn - 3 Feb 90
c. Time Lost: None.
d. Art 15’s: Unknown.
e. Additional: Unknown.
£. CM: None.
g. Record of SV: None.
h. Awards & Decs: AFTR.
i. Stmt of Sv: TMS: (04) Yrs (10) Mos (07) Das
TAMS: (00) Yrs (09) Mos (23) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 14 Jun 05.
(Change Discharge to Honorable)
Issue 1: My discharge was inequitable for me during that time because I was
financial unable to afford legal help. I'm requesting to upgrade my discharge.
During my time in the reserve, I did my work or missions with little problems.
My time in the reserves was highly commend (sic) during my tenure.
FD2005-00245
ATCH
1. Recognition for Outstanding Performance.
2. Letter of Thanks.
3. Letter of Recommendation.
27JUL05/ia
Mon Jul 25 2005 13:59 IKON
pivision
“Directorate of Personnel
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