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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

·-   NAl\:IE OF SERVICE l\IEl\tBER (LAST, FIRST l\11DDLE INITIAL)

GRADE	A'SN/SSAN

AB
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

-	COUNSEL

YES	No
x

NAJ\.'IE OF COUNSEL AND OR ORGANIZATION	Al>DRESS  AND OR ORGA',llZATION  OF COUNSEL

e-··  -	- .

v_o_.1_E O_F_-EB_oA_R_D··    --··,c. ·'··.. ·..  _ .··· •··

MEMBER SITTING

L•••••••••••••••••••••••••••••••••••••• 	

HON

GEN

UOTHC

OTHER

DENY
x
x x x x

ISSUES	A94.0S	INDEX NUMBER

A67.10

EXHIBITS SUBMITTED TO tl!E BOAR!!'•  :··  .	·· •.
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIE\V OF D[SCHARGE
3	LETTER  OF NOTIFICATION
4	BRJEF OF PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE

CASE NUMBER

22 Apr 2004	FD-2003-00431
"AP:IJ\.::tri:':;ns_    -.A.Nl) HE-   OAF,D' sn'ECISlON.(l;." Jti\Jl:ORM"·J)Lt_C:,US SEO 01-,rTI·IF;. A1TACHED AIR FORC_f. DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Andrews AFB MD

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.

			
· .   '• , '(;;•i•'.' • > • ; ··..• ••.. . INQf)R§.Ebii<;f --- - - - -.--::- - • - ---·-- - - - ----- - - - - ----- - - - - ----DATE: 5/612004. ·....·    .  ·.
.	.	
TOo
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROJ\I:
SECRETARY OF THE AlR FORCE PERSONNEL COUNCIL AIR }'ORCE DISCHARGE REYlEW BOARD
1535 COMMM'D DR, EE \.\'ING, JRD FLOOR
AND.llE\\'S AFB, MD 20762-7002	

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

AI R FORCE DISCH ARG E REVIEW BOARD DECISIONAL RATIONALE	C,.\SE Nl.iJ\IBER

FD-2003-00431	

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

The appl icant was offered a personal appearance before the Discharge Review Board (ORB) but declined to exerci se this right.

The attached brief contains available pertinent data on the appli cant and the factors leading to the discharge.

FI NDI NGS:  U pgrade 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.

ISSU E: The applicant contends discharge was inequitable because it was too harsh and that his misconduct was the direct result of medical illness diagnosed after discharge. The records indicated the applicant received two Art icles 15. one Letter of Reprimand, and four Letters of Counseling for misconduct spanning approx imatel y two years, 8 months. The ORB reviewed the service medical record and noted the recurring problems of sinusitis and pneumonia relating to the subsequent diagnosis of imm une deficiency. However there was no direct temporal correlation that might have related illness to incidents such as sleeping on post and late for duty. and no relationship to infractions such as having unauthorized reading material on post. fai l ing room inspection, failing Stan-Eva! test, unprofessional attitude and behavior, and unauthorized use of the government travel card. The Board found no evidence of impropriety or ineq uity in this case on which to base an upgrade of discharge.

CON CLUSIONS: The Discharge Review Board concludes that the discharge  was consistent  with  the proced ural  and substantive requirements  of the discharge regulation  and was within  the discretion of the d i scharge 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