AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AB
X	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES

A94.53

MEMBER SITTING

INDEX  NUMBER	

HON	GEN	UOTHC

OTHER

DENY
x x x x x

A92.37	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

HEARING DATE	CASE NUMBER

FD-2004-00006

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

	-•-- - ----- ---- - __,__ - ------ - -,

SAF/MRBR
550 C STREET WEST, RANDOLPH AFB, TX

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
153 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 21)762·7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\.tBER

FD-2004-00006	

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.

ISSUES: Applicant received a general discharge for both drug abuse and minor disciplinary infractions. The records indicated the applicant received an Article 15, a Letter of Reprimand, and five Records of Individual Counseling for misconduct. His infractions included dereliction of duty, failing to follow proper technical order procedures, at least seven instances of failure to go, and using marijuana on divers occasions over an 8-month period. Additionally, member had an Enlisted Performance Report rated an overall referral "2" that noted his continual lack of dedication to his military obligations. The DRB opined that through the unit's multiple administrative actions, the applicant had ample opportunities to change his negative behavior and was unwilling or unable to do so. The Board concluded the 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 thus found to be appropriate.

The applicant stated he was told his discharge could be upgraded in 6 months. The DRB noted that while a discharge may be upgraded after 6 months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of the discharge. In this case, none was found, so the Board denied the appeal.

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