AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVJq:MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

;;us E IL!P

TYPE GEN	PERSONAL  APPEARANCE
NAME Of  COUNSEL AND OR ORGANIZATION

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	No
x

MEMBER SITTING

HON

GEN	UOTHC

OTHER

DENY

x
x x
x

ISSUES	A94.53

INDEX NUMBER	A66.00

l	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

Hl:ARING  DATE	CASE NUMBER

16 Mar 2004	FD-2003-00535

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.

----------------------------------------	----------------i'l·------------------------------------------------   .

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-2003-00535	

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.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

Issue. Applicant was discharged for drug abuse and minor disciplinary infractions. The records indicated the applicant received an Article 15, eight Letters of Reprimand, three Letters of Counseling, had an Unfavorable Information File, and was placed on the Control Roster for his misconduct. His infractions included failing to go seven times, disobeying orders four times, sleeping on duty, driving a government vehicle without a license, underage drinking, disrespect to a superior, and using marijuana. Member also had an Enlisted Performance Report rated an overall referral "2" noting his lapses in judgment and stating he was no longer fit to serve. At the time of the discharge member consulted counsel and waived his right to submit statements in his own behalf. The ORB opined that through the unit's many administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded his misconduct was a significant departure from conduct expected of all military members. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. 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