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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AlC
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES

A94.53

MEMBER SITTING

INDEX NUMBER	A67. 10

HON

x

GEN

UOTHC

OTHER

DENY
x
x

x x

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

15 Sep 2004

FD-2004-00150

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.

(
SIGNATURE OF RECORD'f;R

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 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-2004-00150	

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 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.  Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant received two Articles 15, and one traffic ticket.  His offenses included speeding on base, abusing his government travel card, and making a false official statement.  At the time of the discharge, member consulted counsel and requested to be retained, or in the alternative, to be given an honorable discharge.  In response to each of the Article 15s, member admitted his wrong-doing and apologized for his behavior.  At the time of the discharge, he further asserted that his offenses did not rise to the severity of warranting a discharge.  The discharge authority did not agree.  The DRB opined that through the unit's administrative actions, the applicant had the opportunity to change his negative behavior but failed to do so.  The Board concluded the misconduct was a significant departure from conduct expected of all military members, and the characterization of the discharge received by the applicant was thus 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