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

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

 	• 	

NAME OF COUNSEL AND OR ORGANlZA TION

;l.DDR.E:SS A.ND OR ORGANl7.ATION OF COUNSEL

I x	I

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY

------------------------------------------	x
x x x
x
-------------------------------------------

ISSUES	A30.70

INDEX NUMBER

A94.05

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 EXHJBJTS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL APPEARANCE

HEARI::<iG DATE	CASE NUMBER

15 Jan 2004	FD-2003-00536

Case heard at Washi ngton, 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 COU NCIL AIR FORCE DISCHARGE REVIE'W BOARD
1535 COMMAND DR, EE WIN"G, JRD FLOOR ANDRE\\-'$ AFB, :'\1D 20762·7002

'i'\i ' '
- Hf'"'

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00536	

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 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: The applicant submitted no issues and requested that the review be completed based on the available service record. 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 records indicated applicant received three Article l Ss and one Letter of Reprimand for misconduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.

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