-·	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

GRADE	AFSN/SSAN

AMN

TYPE GEN

PERSONAL  APPEARANCE

x	RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COU1\lSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY
x
x x x
x

SSUES

A93.01

INDEX NUMBER

A67.IO

1	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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE NUMBER

13 Jan 2004	FD-2003-00453

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

......................................................................................-- .......................:----------1

TO:

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, JRD 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 NU1BER

FD-2003-00453	

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.

ISSUE: Applicant does not contest his discharge; he states that he has done well for himself after being discharged. He has kept a job and is going back to school soon and will be entering an ROTC program. The records indicated the applicant received an Article 15 for assault, failure to go, failure to secure his weapon and vehicle and disobeying an order. In addition, he received seven Letters of Reprimand, one Letter of Counseling and a Memorandum for Record for dereliction of duty, traffic violation for not having proper insurance, failure to appear in court, failure to obey a lawful order, reporting to duty without shaving, civil arrest for theft, failure to go on several occasions, and failure to comply with proper military grooming standards. The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. 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