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

TYPE UOTH

AB
PERSONAL  APPEARANCE	x	RECORD  REVIEW

.!f'.\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	A94.05

INDEX NUMBER

A67.90

.,..:lIJ!f!DlL·m:i, ---
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 REC0.9ING OF PERSONAi  APPEARANCE

I	- ---------··----	--- r1
I  HU.RING DA CE	C'ASE1'!TJMln'.R

25 Aug 2004	FD-2004-00142

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

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 10761-7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00142	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) but was unable to attend and requested his records be reviewed in his absence.

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.

ISSUES:

Issue 1. Applicant contends that the reasons for his discharge are inconsistent with the actions that transpired that day and may have been racially motivated due to the history and documented record of RAF Lakenheath, UK.  The records indicated the applicant received one Article 15 for dereliction of duty and for causing a disturbance in complete view of the public by swearing at and striking an NCO and resisting
apprehension, one Letter of Reprimand for inappropriate behavior and disrespect of authority, and one Letter of Admonishment for dereliction of duty.  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 and found no evidence in the record to indicate that the reasons for his discharge were racially motivated.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant cited his desire to join the reserves, but this is not a matter of inequity or impropriety which would warrant 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