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AIR FORCE  DISCHARGE REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRDE	AFSN/SSAN	
	SSGT	IIIIII	

TYPE   GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
COV!'t;'.S;EL - _     ,-       NAME OF COUNSEL AND OR ORGANIZATJON	ADDRESS AND OR ORGANJZA TION OF COUNSEJ,
YES	No

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x
vbtl!loF THE BQARIJ > ••	••
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MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
·----- ··----- ··----- ··----- ··	x

.	x
x
•
x
•	.
x
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ISSUES	A94.05	INDEX NUMBER	A67.30	EXHIBITS SUJl]\l!'!'.J'ED T(,l;THE BOARD ,: •· ··:. •.
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 APPEARA.NCE

HEARING DATE	CASE NUMBER

09 Apr 2004	FD-2004-00031

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:-'. t1P	:	,8-9l :m: 'ffillim	fi;;  f;IP:-IIBA;ri'.AOIED AIR FORCE DISCI!GE	-!Yi B?ARD DECIS  -AL_;RATIONALE	..·•	'

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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.	DATE:   40.04-

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TO;	FROM;
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	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-2004-00031	

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.

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received a General discharge for a civilian conviction.   The Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance  as documented by his performance reports, letters ofrecommendation and other accomplishments.   They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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