AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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TYPE  GEN	I	PERSONAL     APPEARANCE

GRADE	AFsN/SSAN
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x	I	RECORD    REVIEW

1--c_o.u..N._sF_.:1"  ----l  NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSl':L YES	No
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VOTE OF TI-IE BOARD

MEMBER SITTING
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GEN

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OTHER

DENY

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A94.05

INDEX  NUMBER	A49.00

EXHIBITS  SUBMIT'fED,f C) THE BOARD
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 APPEARANCE

HEAIUNG DATE	CASE NUMBER

05 Oct 2004	FD-2003-00132
APPLICANT'S JSSUE AND THE BOARD'S lJEClSlONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RAI!ONA.LE
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Cas 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

.

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SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78I 50-4742

SECRETARY OF THI': AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE Rl':VlEW BOARD
1535 COMMAND DR, EE WING. 3RD 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-2003-00132	

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 one Letter of Reprimand, three Letters of Counseling, and a traffic ticket for various misconduct and failure to make progress in his training. The majority of 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. Applicant states that the conditions to which his discharge was characterized were misleading. This issue is without. merit as the record is well documented with six separate instances of failure to make progress in his training and the Letters of Reprimand and Counseling as described above.

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