AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE Il'ITIAL)

GRADE

AlC

RECORD RE

YES	;./{I
x

A()DRESS AND OR ORGANIZA TIOl'I OF COUNSEL

MEMBER SITTING

HON

GEN	lJOTHC	OTHER

DENY
x x x
x x

ISSUES

A94.05

INDEX NUMBER

A67.09

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

HEARING DATE	CASE J"UMBER

19 Nov 2004	FD-2004-00018

Case heard at Washington, D.C., via video-teleconference  with Randolph AFB TX.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

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TO:

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

FROM:

SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REYIE'-". BOARD 1535 COM..':\1A.. D DR, EE 'WING, JRD FLOOR A}IDREWS AFB, :I-ID 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-2004-00018	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant appeared  and testified  via video teleconference  at Randolph AFB, TX before the Discharge Review Board (DRB), with counsel, at Randolph AFB on November  19, 2004.

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:

Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received five Letters of Reprimand, one Letter of Counseling, three Records oflndividual Counseling and one verbal counseling for misconduct. The misconduct included failing to obey an order, failure to go, speeding ticket, illegal parking, conduct unbecomi ng a military member, failure to pay a just debt, failure to go, financial irresponsibility, failure to obey an order, and dereliction of duty.  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	

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