AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

TVPE GEN

PERSONAL  APPEARANCE

AB
x	RECORD  REVIEW

1ri	n

YES	No
x

NAME Of COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER	DENY
x x x x
x

ISSUES	A92:2I A93.0l

INDEX NUMBER

A67.J O

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

HEARJNG DATE	CASE NUMB.ER

07 May 2004	FD-2004-00036

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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SECRETARY OF lJIE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVJEW BOARD 1535 COMMAND DR. EE WING, lRD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition will be used

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2004-00036

GENERAL:	The applicant appeals for upgrade of discharge to honorable,  to change the reason and authority for the discharge, and to change his reenlistment code.

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,  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are 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 was discharged for minor disciplinary infractions. The records indicated the applicant received three Articles 15, two vacation actions, and two Letters of Reprimand for misconduct. His infractions included assault and battery of another airman resulting in bodily injury, provoking language and disrespect toward a senior ranking military member, failure to go, and failure to obey a lawful order.
Applicant notes he was young and immature, and has not had any problems since his discharge. The Board noted applicant was age 21 at the time of his discharge, essentially the same age as other airmen who adhere to the standards expected of them; there was no evidence he did not know right from wrong. The DRB opined that through the unit's several 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 and the characterization of the
discharge received by the applicant was appropriate.

Issue 2 applies to the applicant's post-service activities. The DRB was pleased to see that the applicant was doing well since his discharge and commends applicant on his desire to join the Air National Guard. These factors do not however pertain to his period of service and offer no evidence in mitigation or extenuation.
No inequity or impropriety in his discharge was suggested or found in the course of the record review and the Board concluded the misconduct of the applicant appropriately characterized his term of service.

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