AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAM,., , E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AlC
X	RECORD  REVIEW

AFSN/SSAN

YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER  SITTING	HON	GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A67.J O
A49.00	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  APPEARANCE

HEARJNG DATE	CASE NUMBER

08 Dec 2004	FD-2004-00053

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 ri ght to submit an application to the AFBCMR

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, YlD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUJ\-IBER

FD-2004-00053	

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

ISSUE: Applicant does not contest his discharge. He wants an upgrade in order to rejoin the military. The records indicated the applicant received an Article 15 for wrongfully using marijuana and two Letters of Reprimand, one Letter of Counseling, two Records of Individual Counseling and two Memorandums for Record for misconduct. 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