'	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NA E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

AB
TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x
r	;<, \'.< <•.··•·	vcn;t 9f .THE )JOA	· > ·. ··
.···    <.	·......
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
------------------------------------- ·'	x
µ	'''
''

'

''	x

''

-

'''	x

x

"	''
''
-	'

''

''	x
--------------------------------------
ISSUES	A92.35	INDEX  NUMBER	A67.30	.	. .	EXHIBITS SUBMITTED TO TII$ BOAl.m
I	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

09 Mar 2004	FD-2003-00503
     Al>PLICANl:'S  iSSUE AND 00'!; J?ECtSIO!\lALit 'TlONAL	])lSCUSSED ON THE.ATTACHED AIR FORCE [)ISCttl,:RGE REV112W BARD DECISIONAL RATIONALE ..	·.
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

_    _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _...,., _ _ _ _ _ _ _

•	.	--------------------------- ·
''
''
''

-------------------------------------------tN--!-l-)---S-E-)-'--f-------.         ------	DA'.li:E:

'
3/9/2004

···.	<
TO:	FROM:

      ...·.·       ..

SAF/MRBR

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH  AFB, TX 78150-4742	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-2003-00503	

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

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 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.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Articles 15 for misconduct. The misconduct included stealing government property of a value more than one hundred dollars, disorderly conduct, and domestic battery. 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.

Issue 2. Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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