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AF | DRB | CY2007 | FD2006-00214
Original file (FD2006-00214.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD 

GRADE 

1  A l C  

I

X

 

I 

I 

RECORDREVIEW 

I 

TYPE  GEN 

C'UNSBL 

YES 

No 

(LAST, FIRST MIDDLE INITIAL) 

I 

I 

I 

PERSONAL APPEARANCE 

NAME OF COUNSEL AND OH OHGANIZAI ION 

ADDRESS AND OR ORGANIZATION OF COUNSEI. 

I 

I 

I 

MEMBER SITTING 

-.~".,",~~? 

IION 

1 

VOTE OP $&E  BOARD 

GEN 

I  UOTIIC 

C - . . - . . - . . - . . . . - . . - - - - - - - - - - - - - - - - - - - '  

ISSIIES 

A93.07 

INDEX NllMBER 

A67. I O 
.-. 

I 

IIEARINT. DATE 

CASE NllMBER 

Case heard  in Washington, D.C. 

EXHIBITS SUBMITTED TO THE BBATCI) 

I 
1  I  ORDER APPOINTING TI IE  HOARD 
2 
3 
4 

1  APPLICATION  FOR REVIEW OF DISCHARGE 
1  LETTER OF NO'I'IFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEI.'S  RELEASE TO THC BOAR11 
ADDITIONAL EXHIBITS  SUBMITTED AT TIME 01' 
PERSONAL APPEARANCE 

TAPE WCORDING O F  PERSONAL APPI'ARANCE  HE 

Advise applicant of the decision of the Board, the right to a personal appearance with/wilhout counsel, and the right to submit an 
application to the AFBCMR 

------------------------------.-- 

------------------- 

................................... 

"  (+&~~$&MIGNT 

v '  

DATE: 2/12/2007 

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TO: 

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2 

$ 

SAFIMRBR 
550 C STFSET WEST, SUITE 40 
RANDOI,PI{ AF13, '1'X 781 50-4742 

1 

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SECRETARY  OF THE AIK  FORCE PERSONNEL C'OIINC'II. 
41H FORCF DISCII%RGE R L t  I L H  HO1RD 
I535 COhl!IAYD  DR. EE HlhC.3KD fi1.00R 
A'.llHE\SS  AFB, hlD 20762  7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be uscd 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-0021 

GENERAL:  I'he 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 many of the problems he was having were due to his marriage.  These problems have 
been resolved and he has requested an upgrade of his discharge to allow for reenlistment into the armed 
forces.  Unfortunately, applicant's  discharge processing files were unavailable to the Board for review due to 
being missing from the record.  Because applicant's  discharge file was unavailable to the Board for review, 
the Board was unable to conclusively ascertain the nature of misconduct on applicant's part that formed the 
basis for the discharge.  'I'he  Board also could not detcrminc if applicant consulted counsel or submitted 
statements in his own behalf at the time of the discharge.  When requested to provide any pertinent 
information he may have about the discharge file or his record of service, applicant advised he did not havc 
any relevant information.  Since there is 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. 

ln view of the foregoing findings, the Roard 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 AFB, MD 

(Former A1C)  (HGH S W )  

MISSING DISCHARGE DOCUMENTS 

1.  MATTER UNDER REVIEW:  Appl recrd a GEN Disch fr USAF Beale AFB, CA on 25 Jun 
99 UP AFI 36-3208, para 5.49 (Misconduct -  Minor Disciplinary Infractions). 
Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 14 Aug 72. Enlmt Age: 20 8/12.  Disch Age: 26 10/12. Educ: HS DIPL. 

AFQT: N/A.  A-51,  E-50,  G-66, M-49. PAFSC: 3P051 -  Security Journeyman. 
DAS: 13 May 99. 

b.  Prior Sv: (1) AFRes 5 May 93  -  8 Feb 94 (9 months 4 days)(Inactive) 

(2) Enlisted as AB 9 Feb 94  for 4 yrs.  Svd: 3  yrs 4 months 
20 days, all AMS.  AMN  -  Unknown.  AlC -  Unknown.  SrA -  9 Feb 9 7 .   EPRs: 4,4, 

3.  SERVICE UNDER REVIEW: 

a.  Reenlisted as SrA 30 Jun 97  for 6 yrs. Svd: 01 Yrs 11 Mo 25 Das, all 

AMS . 

b.  Grade Status:  A1C -  4 Feb 98 (Article 15, 4 Feb 98) 
c.  Time Lost:  None. 

d.  Art 15's:  (1) 11 Jun 99, McClellan AFB, CA -  Article 134.  You, being 
indebted to Fratcher Auto Body in the sum of $865.00 for 
vehicle repairs, which amount became due and payable on 
or about 7 Apr 98, did within the state of California, 
from 7   Apr 98 to 28 May 99, dishonorably fail to pay 
said debt.  Suspended reduction to Airman.  Restricted 
to Beale AFB, CA for 60 days. (No appeal) (No 
mitigation) 

(2) 4 Feb 9 8 ,   McClellan AFB, CA -  Article 113.  You were, 
on or about 8 Jan 98, while on post as a gate guard at 
Mather Hospital, found sleeping.  Reduction to Airman 
(below AlC suspended) .  Forty five days extra duty  (30 
days suspended) .  (No appeal) (No mitigation) 

e.  Additional: Unknown. 

f.  CM:  None. 
g.  Record of SV: 9 Oct 96 -  8   Oct 9 7   McClellan AFB  4  (Annual) 

9 Oct 97 -  8 Oct 98  McClellan AFB  3  (AnnualIREF 

h.  Awards &  Decs:  AFLSAR, AFTR, NDSM, SAEMR W/l DEV, AFOUA. 

i.  Stmt of Sv:  TMS:  (06) Yrs  (01) Mos  (21) Das 
TAMS:  (05) Yrs  (04) Mos  (17) Das 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 30 May 06. 

(Change Discharge to Honorable) 

Issue 1:  Many of the issues pertaining to my discharge were due to problems 
that I was having with my marrage  (sic) at the time.  Since I have solved these 
issues and would like to be able to serve again. 

ATCH 
1. DD Form 214. 



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