AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
•	NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
•••11111
TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
cdljl\j    : 5 .   NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZ"A TION OF COUNSEL YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

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SSUES	A94.05	INDEX NUMBER	A67.10	EXHIBl'f&.$ 1,JBMl'.JIT}i;I)··T<llH  J,{QARD
I	ORDER APPOINTING THE BOARD
2	APPLJCA TION 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

19 May 2004	FD-2004-00105
APPLlCANT'S I AJ'lll:)	BQA!ll)'S DECISIONAL RATlONAt AJU3'1;)1SCt1$SED ON THE ATTACHED AIR FORCE.DISCHARGE) REVIBW BOARD DECISIONAL RATIONALE
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Case heard at Washington, D.C.	'
Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR

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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, JRD FLOOR

RANDOLPH  AFB, TX 78I 50-4742	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-2004-00105	

GENERAL: The applicant appeals for upgrade of discharge to honorable, 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 does not contest his discharge; he merely wants an upgrade so he can reenlist. The records indicated the applicant received an Article 15, a Letter of Reprimand, nine AETC Forms 341, Memorandum For Record, and a Vacation action under the UCMJ for various acts of 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