AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

•••r•·

GRADE	AFSN/SSAN

AB

TYPE GEN

PERSONAL  APPEARANCE

x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA TJQN OF COUNSEL

MEMBER SITTING

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HON

GEN

UOTHC

OTHER

DENY

x

x x x
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SSUES

A94.53 A92.21

INDEX NUMBER

A67.90

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

HEARING DATE	CASE NUMBER

06 Aug 2004	FD-2004-00089

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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SAF/MRBR
550 C STREET	T, 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, 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-2004-00089	

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

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.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUES.  Applicant was discharged for conduct prejudicial to good order and discipline.  The records indicated the applicant received two Articles 15, a Letter of Reprimand, a vacation of suspended punishment, and he was convicted of multiple offenses by a Special Court Martial.  His misconduct included failure to obey lawful orders, failure to perform his directed extra duties, driving on revocation, subsequently driving without a valid license, making false official statements, failure to go, and disrespect to a noncommissioned officer.  Applicant does not dispute the reasons for the discharge, but notes his actions were careless rather than criminal.  The DRB opined that through the unit's extensive administrative and judicial  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.

Applicant noted his post-service activities.  The DRB was pleased to see that the applicant was doing well, is attending college, and has a good job.   However, these accomplishments do not pertain to his period of service and no inequity or impropriety in his discharge was suggested or found in the course of the record review.  The Board concluded applicant's misconduct 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	

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