AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD
NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

TYPE  GEN	PERSONAL  APPEARANCE

AJ C
x

RECORD REVIEW

'\;C!'..J:!.:	NAME OF COUNSEL AND OR ORGANIZATION         YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEi,

MEMBER SITTING

ssuEs··--A94:0s··-····-----···rNDEx     NUMBER	A 67• 10

HON

x

GEN	UOTHC

OTHER

DENY
x x x x

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 APPEARANCE

HEARING DATE	CASE NUMBER

07 Apr 2004	FD-2003-00525

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:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78 I50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE R[VIEW 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

CASE NUIBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2003-00525

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

ISSUE: Applicant conten.ds discharge was inequitable because it was too harsh. The records indicated the applicant received two Article 15s and three Letters of Reprimand. 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. The Board did take note of the applicant's duty performance as documented by his performance reports and other accomplishments. If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. If he should
choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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