AIR FORCE DISCHARGE REVIEW BOARD HEARI NG RECORD
NAME  OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
11111••·

TYPE  GEN

AB
I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x
VOTE OF TIJE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES	A94.05	INDEX NUMBER	A67.IO	EXHIBITS SUBMITTED TO THE BOARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSOJ1AL  APPEARANCE
TAPE  RECORDING  OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMBER

18 May 2004	FD-2004-00075
APPUCANT'S ISSUE AND rnE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AlR FORCE DISCHARGE.REVISW BOARD DECISIONAL 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 ri ght to submit an application to the AFBCMR

.

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INDORSEMENT	DATE: 5/18/2004
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-2004-00075	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the  reason  and authority for the discharge, and to 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 contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, two Letters of Reprimand, one Letter of Counseling, and several violation letters while in Correctional Custody. 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