AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE

AB
RECORD REVIEW

YES	No
x

ADDRESS AND OR ORGANJL.\TION OF COUNSEL

MEMBER  SITTING	HON	GEN	UOTHC	OTHER

DENY
x x x
x
x

ISSUES

A67.09 A94.54 A92.36

INDEX NUMBER

A67.00 A67.09 A92.36

EXHIBITS SUBMITTED TO TIIE BOARD
I	ORDER APPOJNTJNG THE BOARD
2	APPLJCA TION  FOR REVJEW OF DfSCHARGE

A94.54

3	LETTER OF NOTIFICATJON

4		BRIEF OF PERSONNEL FfLE COUNSEL'S RELEASE TO THE BOARD
ADD!Tf ONAL EXHIBfTS SUBMITTED AT Tf ME OF PERSONAL APPEARANCE

I HE:;ll'G DA TE	CASE NllMBER
16 Nov 2004	FD-2004-00101

TAPE RECORDING OF PERSONAL APPEARANCE

i Case heard at Washington, D.C. via video teleconferencing with Randol ph AFB, TX.
!
Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

I_ _ _ _ _ _ _ _ ...._ _ _....,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _	--------------------------------1'.         ........<'.2'.....................•......

TO:	J'RO.\'J;
SAF!MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78I 50-4742

SECRETARY OF THE AIR FORCE PERSOl'\NEL  COU NCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMA1''D DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20162·7002

A FHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE Nt;MBER

FD-2004-00101	

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 exercised his right to make a personal appearance before the Discharge Review Board (DRB). 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.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 and four Letters of Reprimand for misconduct. While the applicant contends that these incidents are very minor, the applicant did not contest the underlying facts. It is the conclusion of the DRB that the applicant's misconduct provides a sufficient basis for discharge. He confirmed that he was given notice of these administrative actions and that he was afforded an opportunity to respond. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his
negative behavior. The Board concluded that while the applicant's service was generally honest and faithful, a general under honorable conditions service characterization is warranted because significant negative aspects of the applicant's conduct outweighed positive aspects of his military record. Accordingly, 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, to change the reason or authority of discharge, or to change reenlistment code. Thus	
the applicant's discharge should not be changed.

Attachment: Examiner's Brief