AIR FORCE DISCHARGE REVIEW BOARD HEARJNG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IN ITIAL)

PERSONAL  APPEARANCE
'. ,>/:'.(;"{),(JJ:;!;$e.ti<; ::::'i NAME Of' COUNSEL AND OR ORGM'IZATJOl'o"

GRADE

x

AFSNISSAN

RECORD REVIEW

YES	No
x

ADDRESS AND OR ORGAt"11ZA TION OF COCNSEL

MEMBER SITTING

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

HON

GEN

x

UOTHC

OTHER	DENY
x
x

x x

ISSUES

A94,07 A94,05

lNDEX NUMBER

A75,00

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

HEARING OATE	CASE '.'/VMBER

24 Nov 2004	FD-2002-0515

Case heard at Washington, 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.

---------------------------------------------·----------F:------------ '----------------------·..

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WDIG, JRD FLOOR ANDREWS 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-2002-0515	

GENERAL:  The applicant appeals for upgrade of discharge to general.

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:

Issue 1.  Applicant contends discharge was inequitable because it was based on an isolated incident in 9  years and 2 months of service.  The records indicated the applicant received two Article l 5s and a Letter of Reprimand.  Member received an Under Other Than Honorable Conditions Discharge in lieu of trial by Court Martial.  However, for the service under review, member received an Article 15 for failure to go and a Letter of Reprimand for leaving work early.  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.

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service and there was no pattern of behavior that constituted a departure from military conduct. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found 12 performance evaluations were an overall 9; however, five reflected a markdown and/or negative comments to his bearing and behavior.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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