AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
.._	NAME  OF SERVICE MEMBER  (LAST, FIRST MIDDLE  INITIAL)	GRADE	AFSN/SSAN

TYPE GEN	I	PERSONAL  APPEARANCE
1
!'.\)lff,	fffi/1  NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

AB
x	I	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

vOTE OFj'l'l!E IJOAR > ',,. '· . . • ,· ..,,,.• •·. :

MEMBER SITTING

.

HON	GEN

UOTHC	OTHER	DEN Y
x x x x
x

ISSCES

A95.00

INDEX Nl'MBER

A67.10	'••· •          ., ,. ji:XHillIT!J'sl:)Jl\,:!li'):Eri'fq:'l'!'JE:ll.Q1il\D  <	.. ;,,
1	ORDER APPOJNTING THE BOARD
2	APPLJCATJON FOR REV IEW OF DJSCHARGE
3	LETTER OF NOTJFJCATJON
4	BRJEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDITJONAL EXHIBJTS SUBMlTTED AT TlME OF
PERSONAL  APPEARANCE
TAPE RECORDJNG OF PERSONAL APPERANCE

ffEARJNG DATE	CASE  NUMBER

13 Jan 2004	FD-2003-00417

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:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD   0762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\-1BER

FD-2003-00417	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. 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: The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant received two Article 15s for failure to go and for wrongfully using a government computer for personal use to access and view pornographic images. In addition, he received two Letters of Reprimand for a domestic abuse incident, unacceptable attitude, failure to maintain apartment and rental property, irresponsibility, and failure to go by missing three scheduled appointments. The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members.

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