AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

.,,    NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE

GRADE	AFSN/SSAN 	
Bll ,JWt
x	RECORD REVIEW

·	TYPE
·	

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

ISSUES

A94.05

MEMBER  SITTING	HON	GEN	UOTHC

INDEX NUMBER	A67.IO

OTHER	DENY
x x x x
x

l	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
HEARING DATE	CASE NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

04 Nov 2003	FD-2003-00379

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

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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

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW 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-2003-00379	

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and change the reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code are 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 discharge was inequitable because it was too harsh. Applicant admits to making a few bad choices while he was in the Air Force and also claims that he was young and irresponsible. The records indicated the applicant received an Article 15 for being in an unauthorized female dorm room, breaking curfew, and leaving the confines of Hurlburt Field. He also received a Vacation action under the UCMJ for leaving the limits of Hurlburt Field for the second time. In addition, he received three Letters of Counseling and two AETC Forms 341 for missing formation, failing his room inspection, receiving a speeding ticket, failure to present three AETC Forms 341, and for failing his room inspection for the third time. 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 contends that he should not be penalized indefinitely	
for a mistake he made when young. The DRB recognized the applicant was 19 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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