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Decision Text

AF | DRB | CY2007 | FD2006-00251
Original file (FD2006-00251.pdf) Auto-classification: Denied
VAME OF SERVICE MEMBER (I.AS'l',  FIRST MII)DI,E  INITIAL) 

GRADE 

AFSNISSAN 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

MEMBER SITTING 

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

ISSllES 

A94.05 

INDEX  NUMBER 

A67.90 

1 
2 

4 

I  ORDER APPOINTING THE ROARD 
1  APPLICATION  FOR  IiEVIEW OF DISCI-IAKGE 

1  HKIEF OF PERSONNEL  FILE 
1  COUNSF.I.'S  RELEASE TO THI:  HOARD 
ADDITIONAL EXHIBITS  SUBMITTED AT  TIMI- OF 
PERSONAI. AI'I'EAUNCE 

TAPE RLCORIIING  OF PERSONA1  AI'PEARANCE  HL 

HEARING DATE 

CASE NUMBER 

20 Feb 2007 
APPI.ICAKT'S ISSIIF: ANU THF BOARD'S DEClSlONAl  RATlOUAL AR.E DISCUSSED ON  I'HE  4TTACtIEl) AIR  FORCE DISCHARGE REVltW ROARD DECISIONAL RATlOYhLE 

FD-2006-00251 

I 

I 

I 

2ase heard in Washington, D.C. 

4dvise applicant of the decision of the Board, the right to a personal appearance withlwithout counsel, and the right to submit an 
~pplication to the AFBCMR 

Varnes and votes will be made available to the applicant at the applicant's request. 

550 C STREET WEST, SIJITE 40 
RANDOLPH AFB, TX 78 150-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCII. 
AIR FORCE DlSCllARCE REVIEW BOARD 
1535 COMMAND nR. EE WING. JRD FLOOR 
ANDK&\VS AFR, 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-2006-00251 

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 Article 15 for misconduct.  The Article  15 was administered for failure to obey a lawful order to 
remain in Parachute Room 1 and stealing $80.00, the property of a non-commissioned officer.  Applicant 
was punished with a reduction to Airman First Class and suspended forfeiture of pay for two months. 
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. 
The Board also could not determine if member 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 did not provide 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. 

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 AFB,  MD 

(Former AlC)  (HGH SRA) 

DISCHARGE PACKAGE MISSING 

1.  MATTER UNDER REVIEW:  Appl recld a GEN Disch fr USAF Barksdale AFB, LA on 24 
Oct 97 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial 
to Good Order and Discipline).  Appeals for Honorable Discharge. 

2.  BACKGROUND: 

a. DOB: 17 Aug 74.  Enlmt Age: 17 7/12.  Disch Age: 23 2/12. Educ: HS DIPL. 

AFQT: N/A.  A-70,  E-63,  G-48,  M-49. PAFSC: 2A754 - Fabrication and Parachute 
Journeyman. DAS: Unknown. 

b.  Prior Sv: (1) AFRes 7 Apr 92 -  16 Jun 92 (2 months 10 days)(Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as A1C 17 Jun 92 for 4 yrs.  Extended 24 Jun 94 for 23 months, 

Svd: 05 Yrs 04 Mo 08 Das, all AMS. 

b.  Grade Status:  ALC -  02 DeC 96 (Article 15, 02 Dec 96) 

SrA -  17 Oct 94 

c.  Time Lost:  None. 

d.  Art 15's:  (1) 2 Dec 96, RAF Mildenhall, UK -  Article 92.  You, having 

,....-.-......-"", 

--- 
knowledge of a lawful order issued by MSgt 
:  to remain in Parachute room 1 of building 
, - - - - - - - - - - -  
----------------- 
558, an order which was your duty to obey, did, on or 
about 9 Oct 96, fail to obey the same by leaving that 
room.  Article 121.  You did, on or .-.-......-......-.------I------ 
steal $80.00, the property of SSgt : ............................... :- 
Reduction to AlC.  Suspended forfeiture of $150.00 pay 
per month for 2 months.  (Appeal/Denied) (No mitigation) 

about 9 Oct 96 

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

e.  Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: 17 Jun 92 -  15 Sep 94  RAF Mildenhall  5  (Initial) 
16 Sep 94 -  15 Sep 95  RAF  Mildenhall  3  (Annual) 
16 sep 95 -  31 May 96  RAF  Mildenhall  3  (CRO) 
01 Jun 96 -  31 May 97  RAF Mildenhall  2  (Annua1)REF 

h.  Awards &  Decs:  AFLSAR, AFTR, AFOUA W/2 DEVS, AFGCM. 

i.  Stmt of Sv:  TMS: (05) Yrs  (06) Mos  (18) Das 



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