AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
1111 11• .•
PERSONAL  APPEARANCE

ADDRESS AND OR ORGANIZATION OF COUNSEL
Texas Veterans Commission

ISSUES

A94.05

MEMBER SITTING

INDEX NUMBER	A67.90

HON

GEN

UOTHC

OTHER

DENY

x x x
x
x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARIN()  DATE	CASE NUMBER

05 Dec 2003	FD-20020505

Case heard at Randolph AFB, TX.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

TOo	FROM:
SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

Ali'HQ FORM  0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD2002-0505	

GENERAL:	The applicant  appeals  for upgrade  of discharge to Honorable  and  change  in reenlistment code.
1T4he••a •licant appeared and testified before the Discharge Review Board (DRB), with counsel ?mll&:
exhibits were submitted...at the hearing:
Texas Veterans Commission at Randolph AFB on December  5, 2003.   The following additional
Exhibit 5: Applicant's contentions.
Exhibit 6:  DD Form 370, dated 6/10/03	. Exhibit 7: Character letter from S t.  )][ I I 111111     UPI:
Exhibit 8:  Character' letter fro	3 Dec 03 Exhibit 9:  Character ietter from Depu y
The attached brief con,t,ains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:    The change in reenlistment code and upgrade of discharge to Honorable is denied.

The Board  finds that neither  the  evidence of record  nor that provided  by the  applicant  substantiates  an impropriety or inequity that would justify upgrade of the discharge.

ISSUE:  Applicant contends discharge was inequitable because "it was too harsh".  The information provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records indicated the applicant received one Article 15, three Letters of Reprimand, and four Letters of Counseling. The misconduct included failure to go, incapacitated for proper performance of duty due to overindulgence in alcohol, speeding, failure to have required equipment, insubordination, multiple violations of a no contact order, and leaving place of duty without proper authorization.  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, thus the applicant's discharge should not be changed.

Attachment:
.;examiner's Brief,
i