.'	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
•1111111 1• 1i1•• ··	I
TYPE GEN	I	PERSONAL    APPEARANCE				x	I	RECORD    REVIEW 	
co	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE.OF TIIE BOARD

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES

A94.05

INDEX NUMBER

A67.10

.	EXHIBiTS.:SUBM,ITTEJ> TO THE BOARJ)
1	ORDER APPOINTING  THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTJFICA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

18 May 2004	FD-2004-0007 6
APl'L,ICA.NT.'S. IS..S•.·.U.  E...AN• D·..1•1• I' E' ''·BO, A·R·••••··•·D!SI5EC!SJ.ON,AL.. R. A>TI.•O.,,N, A'.L ARE DJ•S.•CUSSEDON T,,,H.E..•A....T••T•.A,C.H,,E,D ·.•A•.  JR.,FORC, E DIS, C,,HARGE REV',I.E,W,  ··B. OARD DEC,IS, I,O, N,AL   A,'IIONALE

Case heard at Washington, D.C.

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Advise appl icant 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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TO:	FROM:

}?ATE: §/1?72004

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-2004-00076	

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

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 and change of reason and authority for discharge are denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, three Letters of Reprimand, one Letter  of Counseling,  and  a Vacation action under the UCMJ for various misconduct, including assault. 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. If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual  evidence  of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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