AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE

AB
PERSONAL  APPEARANCE	x	RECORD  REVIEW

111  ma

tr:rnA1§Ji tj	i?fL'.i   NAME  OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
x
---------------

ISSUES

A93.01

INDEX NUMBER

A67.90

l	ORDER APPOINTING THE BOARD
2	APPLICA TJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARL G DATE	CASE NUMBER

13 Jan 2005

FD-2003-00128

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.

Names and votes will be made available to the applicant at the applicant's request.

TO:

SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSON1''"EL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WThG, JRD FLOOR
ANDRE\'\'S AFB, MD 26762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition \Vill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00128	

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 which would justify a change of discharge.

ISSUE:  The records reflect the applicant was discharged with an under other than honorable  discharge. His misconduct included three Article 15s for being Absent Without Official Leave, failure to go, and a false official statement; a vacation action under the UCMJ for failure to go; a civil conviction for disturbing the peace; multiple instances of financial irresponsibility; possession of alcoholic beverage under the legal ages; and a traffic violation for speeding and forfeiture of a bond after being arrested.

Issue 1. Applicant contends that he should not be penalized for a mistake he made when he was young.  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 the same age as 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.  The applicant stated his discharge has not allowed him certain job advancements.  While the Board is sympathetic, this is not a matter of inequity or impropriety with regard to his discharge and does not provide a basis that warrants an upgrade.

The applicant noted his desire to return to military service.  While the Board commends applicant on this aspiration, it is not a matter of equity or propriety with regard to his discharge and does not provide a basis that warrants an upgrade.

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