N.M.1E..O-F S-ER'.;'lC.E .ME.M.BER  (LAST, FIRST MIDDLE JNITJAL)

GRADE	AFSN/SSAN

AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
01 1  ••
TYPE	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

COU};L·>·   NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

I     > x ... ..··.	·.·.··.·· '  V{)TE OF IBE  OARD
r <·······	'-"-o---- -- -·-- --	·	··-·	_

MEMBER SITTING

_,

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

........I.=.S. SUES

---------------------
A94.05

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

HEARING DATE	CASE NUMBER

12 May 2004

FD-2003-00068

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APPLIC. ANT'S lSSi.JE AND THEBOi\RD'S DECISIONAL RATIONAL: ARE DlSCUSSEDON. THEATTACHE.D A.··.lR FORCEDl CHARGE REVIEW BOARD DECISIONAL RATIONALE

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

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

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL AIR FORCE l>ISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, 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-2003-00068	

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, four 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