AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE   !EMBER (LAST, FIRST MIDDLE IN ITIAL)	GRADE	AFSN/SSAN

TYPE GEN	I	PERSONAL  APPEARANCE

AB
x	I	RECORD  REVIEW

YES	No

' '-'       NAME  OF COUNSEL  AND  OR  ORGANIZATION

ADDRESS AN"D OR ORGANIZATION OF COUNSEL

x	'

MEMBER SITTING

.

HON	GEN	UOTHC

OTHER	DENY
x x x
x
x

ISSUES

A94.05

lNDEX NUMBER

A66.00

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 APPEARANCE

HEARIJ'ti"G DATE	CASE   NUMBER

15 Jan 2004	FD-2003-00543

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 appl ication to the A FBCMR

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TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNOL
AIR FORCE DISCHARGE  REVIEW  BOARD
I 535 COMMAND  DR, EE WING, 3RD FLOOR AriOREWS  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 NUJ\-IBER

FD-2003-00543	

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 an Article 15, two Letters of Reprimand, and one Record of Individual Counseling for misconduct.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive 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