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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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,N•AM1E•O•F•SERVJCE·M·EMB·ER'

(LAST, FIRST MIDDLE JNITIAL)

GRADE	AFSN-/·SSAN	·

I	AB	II
TYPE   GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW
' COUNSEL. _,_-••        NAME OF COl'NSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL YES	No
x

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< --    ..	VOTE   OF THE  BOARD
MEMBER    SITTING	HON	GEN	UOTHC     I        OTHER
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DENY

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ISSUES	A94.05	INDEX NUMBER	A67.50	1-·.- ••-_, ., .-              -- .···-• .· EXJ:IIBITS SUBMITTED TO UIE   O	.-·	<i ,:
I	ORDER APPOINTING THE BOARD
2	APPLICA TJON FOR  REVIEW OF DISCHARGE
3	LEITER OF NOTIFICA TJON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXHIBITS  SUBMITIED AT TIM E OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

28 Jul 2004	FD-2004-00126
APPLICANT"S 1$Sl)E AlID THE BOARD"S DECISIONAL RATIONAL ARE DISCUSSED ONTHE AITACHED AJR FORCE DISCHARGE .REVIEW BOARD DEOSIONAL RATJONAL!l
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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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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, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742	ANDREWS AFB,  ID 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-2004-00126	

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 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 does not contest his discharge. He merely states that  he  is  a  law  abiding  citizen, maintains a steady and successful job, and made a smooth transition back into civilian life. The records indicated the applicant received two Article l 5s, five Letters of Reprimand, and one Record of Individual Counseling for 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