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AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
AME OF SERVICE MEMBER (LAST, FIRST MIDDLE li'>'ITIAL)	GRADE	AFSN/SSAN	 	
.-,.
rYPE GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW	 	
oliNsEL	A!\1E OF COUNSEL AND OR ORGA NIZATION	ADDRESS AND OR ORGA N IZATION OF COUNSEL
••'•C   )[j>•;c:	.•;<	·	·· . . .
YES	No

.. x

MEMBER SITTING

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HON	GEN

liOTHC

:. ..
OTHER	DENY

...	x

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...	x
l

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...	x
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ISSlES	A94.05	INDEX NUMBER	A67.10	EXHIBITS SUBMITTED TO THE BOARD
I	ORDER APPOINTING THE BOARD
2	.'J'PLICATION FOR REVIEW OF DISCHARGE 	
3	LE1TER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SllBMIHED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSON AL APPEARANCE

HEARING DATE	C-\SE NtrMBER

13 Dec 2004	FD-2002-0359
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, Case heard at Washi ngton, D.C.

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,

.

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TO:	FROM:
SA.F/fvtRBR	Sf,CRETA.Rl' OF THE AIR f<'ORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST. SUITE 40	1535 COMMAND Dk, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 781 50-4742	ANDRE\\'S   AFB,  MD   20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition \vill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2002-0359	

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and change the reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code are 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 two Article l Ss, two Letters of Reprimand and four Letters of Counseling for various misconduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. 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.

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