AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

GRADE

AFSN/SSAN

TYPE GEN

PERSONAL  APPEARANCE

	li JI	lll!IC:
x	RECORD REVIEW

,'(:;9JlNSEL  <	NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

MEMBER SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	GEN	I UOTllC     I    Oll!ER

DENY
x x x
x x

ISSUES

A94.10

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION	--	--
4	BRIEF OF PERSONNEL FILE
I	COUNSEL'S  RELEASE  TO THE BOARD
I	ADDITIONAL  EXHIBITS  SUBMITTED  AT TIME  OF PERSONAL   APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE NUMBER

13 Feb 2004	FD-2003-00531

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 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 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-2003-00531	

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

ISSUE:

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15, three Records oflndividual Counseling and one verbal counseling for misconduct. The misconduct included drunk and disorderly conduct, underage drinking, failure to maintain dormitory room within standards, failure to prepare for training, disrespect to a non-commissioned  officer, unsatisfactory duty performance, and a missed appointment.  The Board 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 r equirements o f t he d ischarge r egulation and w as w ithin t he d iscretion o f t he 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