AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
.j	._ AuM1E·OF S•ERVIC•E M•EMmBE1R (LAST, FIRST MIDDLE INITIAL)
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PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

GRADE	AFSN/SSAN
AB	
X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x

MEMBER SITTING
-----------------    ----------------------

HON	GEN

UOTHC	OTHER

DENY
x x x
x
x

ISSUES

A94.11

INDEX NUMBER

A67.90

AOl.13	1	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-2004-00010

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

SECRETARY OF mE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2004-00010	

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.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because he did not believe his actions did not constitute a pattern of misconduct, and also infers procedures were not properly followed inthe issuance of some of the letters of reprimand and counseling he received.  Applicant was discharged for conduct prejudicial to good order and discipline.  The records indicated the applicant received two Articles 15, a vacation of suspended punishment, and a Letter of Reprimand for misconduct that included two instances of underage drinking, two instances of driving on a revoked license, three instances of failure to go, disorderly conduct, and failure to obey a lawful order.  Applicant also had an Enlisted Performance Report rated an overall referral "3" that documented his "continued intractable unwillingness  to conform," complaints against him by co-workers and customers, and the lack of improvement after frequent counseling.  The DRB    opined that these documents were evidence of a pattern of misconduct that was prejudicial to good order and discipline, and that through the unit's extensive 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 and the characterization of the discharge received by the applicant was appropriate.

Issues 2 through 6 are not within the purview of the DRB. Applicant may submit a request to the Air Force Board of Military Corrections to have these items reviewed.

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