I.	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

'--     NAME  OF SERVICE MEMBER  (LAST, FIRST MIDDLE  INITIAL)

GRADE	AFSN/SSAN

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TYPE   GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

YES	No
x

;;•    NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
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GEN

UOTHC	OTHER

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ISSUES

A94.53

INDEX NUMBER

A67.50

1	ORDER APPOINTING THE BOARD
2	APPUCA TION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM JTTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

03 Aug 2004	FD-2004-00148
• /':"'<'   '<<	•.. .·• \}'	;-·-, ..>.·:·· •,	.··.	·.:.·.•.•..•...
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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SAF/MRBR
550 C STREET WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742

SECRETARY  OF THE AIR FORCE  PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR 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-2004-00148	

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 has grown into a responsible adult and would like to move on in his life and do something positive. The records indicated the applicant received an Article 15 and two Letters of Reprimand  for misconduct to include assault and violation of no contact orders. 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