AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME O F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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TYPE GEN
CoUNsrt
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORCANIUTION
No --
YES
X
3
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ITSLIES
A94.53
INDEX NUMBER
A61.00
GRADE
SR A
AFSNISSAN
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RECORD REVIEW
X
ADDRESS AND OR OR(;ANIZATION OF COlrNSEL
1
2
3
4
ORDER APPOINTING THE BOAK13
AI'I'LICA1'ION FOR REVIEW OF DISCHARGE
Lh'TTER OF NOTIFICATION
RRIFF OF PFRSONNEL TILE
COUNSEL'S RELEASE I'O THE BOARD
ADDITIONAL EXHIUII S SUBMITTED AT TIME 01:
PERSONAL APPEARANCE
TAPE RECORDING Ot. I'ERSONAL APPEAKANCb I IF
HFARlNG DATE
1 30 Jan 2007
CASE NUMBER
I FD-2005-00046
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APPI-ICAliT'S ISSUE AhD THE BOARD'S DECISIONAL RATlONAL AR6 DISCUSSED ON 1 Hh AlT4CHED 41R FORCE DISCHAROE REVIEW BOARD DECISIONAL HATIOXALE
Case heard in Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance withlwithout coi~nsel, and the right to sub~ilit an
application to the AFBCMR
Names and votes will be made available to the applicant at the applicant's request.
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SAFIMRBR
550 C STREE'T WES'f, SIJI'I'F. 10
RANDOLPH AFB, TX 781 50-4742
SECRETARY OF THE AIR FORCE PERSONNR1. COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WINC, JRD FLOOR
ANDREWS AFB, MD 10761-7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous edition will be used
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NLIMHER
FD-2005-00046
GENERAL: The applicant appeals for upgrade of discharge to honorable.
The applicant was offered a personal appearance before the Discharge Review Board (DKR) but declined to
exercise this right.
The attached brief contains available pertinent data on the applicant and the factors leading to the dischargc.
FINDINGS: Upgrade of discharge is denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any that would justify a change of
discharge.
ISSLIE:
Applicant requested an upgrade of his discharge to be eligible for veteran's benefits. The records indicated
the applicant received a General dischargc from the Hawaii Air National Guard due to a civilian conviction.
Unfortunately, applicant's dischargc processing files were missing from the record and unavailable for the
Board to review. Because applicant's discharge file was unavailable, the Board was unable to conclusively
ascertain the nature of misconduct on applicant's part that formed the basis for the discharge. 'The Board
also could not determine if applicant consulted counsel or submitted statements in his own behalf at the time
of discharge. When requested to provide any pertinent information he may have about the discharge Iile or
his record of service, applicant did not provide a response. Since there was no evidence to substantiate any
inequities or improprieties, the Board relies on the presumption of regularity and finds the discharge proper
and without basis for upgrade.
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
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS APB, MD
(Former SRA) (HGH SRA)
MISSING DISCHARGE PACKAGE
1. MATTER UNDER REVIEW: Appl rectd a GEN Disch fr ANG Hickam AFB, HI on 12 Dec
02 UP AFI 36-3209, para 3.25.4 (Misconduct - Civilian Conviction). Appeals for
Honorable Discharge.
2. BACKGROUND:
a. DOB: 2 May 68. Enlmt Age: 17 5/12. Disch Age: 34 7/12. Educ: HS DIPL.
AFQT: N/A. A-92, E-92, G-82, M-94. PAFSC: 2A651B - Aerospace Propulsion
Journeyman. DAS: 5 Sep 97.
b. Prior Sv: (1) Army Res 04 Oct 85 - 17 Jul 86 (9 mos 14 das) (~nactive) .
(2) Enlisted in Army 18 Jul 86 - 03 Mar 88. Reenlisted Army
04 Mar 88 - 26 Jul 90. Reenlisted Army 27 Jul 90 - 26 Jul 92. Svd: 6 years 00
months 09 days, all AMS. Transferred to US Army Reserve on 27 Jul 92. Svd: 4
yrs 5 months 6 days, of which AMS is 3 months 15 days.
3. SERVICE UNDER REVIEW:
a. Enlisted as SrA in ANG on 3 Jan 97 for 3 years. Extended 19 Sep 97 f o r
44 months and 6 days Svd: 05 Yrs 11 Mo 10 Das, of which AMS is 3 months 25 days.
b. Grade Status: None.
c. Time Lost: None.
d. Art 15's: Unknown.
e. Additional: Unknown.
f. CM: None.
g. Record of SV: Unknown.
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h. Awards & Decs: AFTR, AFOUA, AFLSA W/2 OAK LEAF CLUSTERS, NDSM, GCMDL
ARMY W/l DEV, ACM, AAM W/1 DEV, ARMY NCOPDR, ASR, AOSSR W/1 DEV.
i, Stmt of Sv: TMS: ( 16 ) Yrs ( 04 ) Mos ( 25 ) D a s
TAMS: ( 06 ) Yrs (07) Mos (20) Das
4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 5 Jan 05.
(Change Discharge to Honorable.)
Issue 1: To upgrade veteran's benefits. (Medical)
ATCH
None.
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