'	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME  OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE UOTH

AlC
I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW

:_:: _:-;{; J	_-	N....ME OF COUNSEL ;\ND OR ORGANlZATION
YES	No
x
MEMBER SITTING
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.

ADDRESS AND OR ORGANIZA TJON OF COUNSEL

'

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

.·.,

ISSUES

A94.05

INDEX NUMBER

A67.10
A62.00	I ORDER APPOINTING THE BOARD
2	APPLlCATION  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 APPEAR".NCE

HEARING  DATE	CASE NUM.BER

11 May 2004	FD-2004-00046

Case beaid 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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'' '''

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TO:

SAF/MRBR

----------------------------------, ------------------------------ ------------- ----- ------·
FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD

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

1535 COMMAND DR, EE WING,3RD FLOOR ANDREWS AFB, MD 20762·70(12

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\.1BER

FD-2004-00046	

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

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 does not contest his discharge; he simply states that he believes he performed well while on active duty. The records indicated the applicant received an Article 15 for signing an official record by stating that he never used illegal drugs except marijuana, when in fact, he had used hashish, cocaine, and LSD. The applicant also received nine Letters of Reprimand for underage drinking, having delinquent accounts, overdue payments, dishonored checks, and provoking speech and disorderly conduct. 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