AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
•	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSNISSAN
AB	I' 11 111•
X	RECORD REVIEW

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NAMJ: OF COUNSEL AND OR ORGANJZATION

Upgrade Discharge Deny

Deny Deny

Deny

AllDRESS AND OR ORGANJZATJON OF COUNSJ:L

UES
.·,1,,.,	
JNDJ:X  NUMBER	
	A67.90	2	APPLICATION  FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
ARING llATE
Aug 2003	CASE NUMBER

FD-2003-00256		ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPERANCE	

ISS

HE
12

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE RJ:VJEW BOARD 1535COMMAND DR. EE WING, llUl FLOOR
ANDREWS AFll. MD l076l-700l

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

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00256	

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brlef 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 does not contest his discharge; he merely states that his General discharge has had  an adverse affect on his job prospects. He also states that the altercation between he and his fiance was not intended and escalated out of control. The records indicated the applicant received an Article 15 for assault and for breaking a "no contact" order. Additionally, he received two Letters of Reprimand and two Letters of Counseling for failure to obey a lawful order, financial irresponsibility, missing appointments, and for missing a mandatory formation. 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