AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE 11'1TIAL)

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AFSN/SSAN

TYPE

I	PERSONAL     APPEARANCE

x	I	RECORD    REVIEW

·:.<:i<if:Oll_NElf!;:">     NA.'\1E OF COUNSEL AND OR ORGANIZATION YES	No
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ADDRESS AJ\O OR ORGA1'"1ZATION 01' COUNSEL

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x
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x
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x

ISSUES	A94.05

JNDEX  NUMBER	A67,90	•,;;i! 5• > .,i	lj\Jt$•gljlfil§'T,li!iJ!i!!!i:'BOJ\!l:1J• :E•      ..>
I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DlSCHARGF
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDlTIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARAXCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NU:v!BER

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15 Dec 2004	FD-2003-00193
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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.

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TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSOl'<'I\"EL COUNCIL AIR 1"0RCE DISCHARGE REVIE\Y. BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762- 7002

AFH Q FORM 0-2077, J Al'I 00	(EF-V2)	Previous edition \vill be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE Nlll\IBER

FD-2003-00193	

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.

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 his discharge should be changed to honorable because of a personal conflict with his superiors and a medical condition.  He further states after receiving an Article  15 in November 2000, he conformed to military standards and did not receive any negative documents.  The records reflect member received an Article  15, five Letters of Reprimand, three letters of Counseling, two Memorandums for Record, and two AF Forms 1168, Statement of Suspect/Witness/Complainant,  for misconduct.   His misconduct included speeding in a government vehicle, failing to obey a lawful order, failure to go on multiple occasions, late for duty on multiple occasions, dereliction of duty, failure to meet dress and appearance standards, failure to report to a mandatory appointment, and leaving his weapon/M-16 unattended.  The DRB opined that prior to the Article 15 and through 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