AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
·

GRADE	AFSN/SSAN

SRA

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TYPE GEN
>t;/n;:'(l ..		.';::.'}   NAME  OF COUNSEL AND OR ORGANlZATlON YES	-No
x

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

..
----------------------------------------

HON

GEN	UOTHC	OTHER

DENY
x x x x
x

ISSUES

A94.53

INDEX NUMBER

A67.00

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

06 Aug 2004	FD-2004-00158

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 STREF	EST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF TIJE AIR FORCE l'EllSONNl:L COUNCIL AIR FORCE DISCHARGE REVIEW llOARD
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

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00158	

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.

ISSUE: Applicant was discharged for misconduct. Unfortilllately, member's discharge processing files, most of the personnel files, and his medical record were all Wlavailable to the Board for review due to being missing from the record. Because member's discharge file was Wlavailable to the Board for review, the Board was unable to conclusively ascertain what misconduct on member's part formed the basis for the discharge. The Board also could not conclusively determine if at the time  of the discharge member consulted coilllsel, submitted statements on his own behalf, or waived those rights. There was one Enlisted Performance Report available for the Board's review and it noted that he lacked initiative and motivation, missed mandatory training, was Wlable to deal with stressful situations, lost his temper easily, and projected a hostile demeanor. It further noted he required constant supervision, lacked self confidence, fostered friction in his peer group, and he showed little desire to improve his overall performance. The Board is not able to substantiate any inequity or impropriety in the discharge actions, and lacking documented evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis for an upgrade.

CONCLUSIONS:   The Discharge Review Board concludes that the discharge was consistent with the