AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAl\tE  OF SERVICE  MEMBER  (LAST,  FIRST  M IDDLE  I N ITIAL)	GRADE

AMN

AFSN/SSAN
!G. Hff

TYPE   GEN 1--_c_o...u..T..N-;S_E_L;._ YES	No
x

I	PERSONAL    APPEARANCE
NA IE OF COUNSEL AND OR ORGANIZATION

x	I	RECOkn  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER  SITTING	HON
-------------------------------- ·'
'

GEN

UOTHC

OTHER

DENY
x x x
x x

ISSUES

A92.21 A93.01

INDEX NUMBER

A67.10

1	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

21 May 2004	FD-2004-00117
APPLICANT'S ISSUE ANU.TIIE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ONTHE ATTACHED AIR FORCE DISCllARGE REVIEW BOARD DECISIONAL RATIONALE .
--_,-	;	; - :.:;' _:.	i1'. ;<:'<	::'.f) :{o::,	---;-_

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

...: - -- - -  - - -- -- - -- -- - -- -- - -- - - - -- - - - -- - - - -- - -- -- - -- -- - -- -- - -- - - - -- - - ,_ jJ_	- _ / i__----------,. -----
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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

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 REVIKW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-001 17	

GENERAL:  The applicant appeals for upgrade of discharge to honorable general and 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  and  change  of  reason  and  authority  for discharge,  and  change  of reenlistment code are 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:

Issue 1. Applicant contends that he should not be penalized indefinitely for a mistake he made when young. The applicant received two Articles 15, a Letter of Reprimand and one Record of Individual Counseling.
The misconduct included failure to go, dereliction of duty, underage drinking, failure to shave, leaving place of duty without authority and incapacitated for the proper performance of duties. The DRB recognized the applicant was 20 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant 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