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

' !	7

TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD   REVIEW
----r	1
NAME Of COUNSEL AND OR ORGANIZATJON	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x

MEMBER  SITTING	HON
.

GEN

UOTHC	OTHER	DENV
x x x x
x

ISSUES	A67. 10

INDEX NUMBER

A94.05

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE 	
3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDIT!ONAL EXHIBITS SUBMITTED AT TlME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

15Jan 2004	FD-2003-00547

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, SUf TE 40 RANDOLPH AFB, TX 781 50-4742

FROM:

SECRETARY OF THE Alk FORCE PtRSONNEL COUNCIL AIR FORCE DISCHARGE REVIE\Y BOARD
135 CO/Ui\fAND DR, EE WING, JHD FLOOR
ANl)RE\.\'S AFB, MD 20762-?002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00547	

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 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 three Letters of Counseling for misconduct. 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.

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