AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FJRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

AMN	•Jum 11
--	-------4

TYPE GEN

I	PERSONAL  APPEARANCE

x	I	RECORD  REVIEW

i- C:,:.:,,?-- y:,-E_,·,_. L,:;;,::,;::,- :.-f,·::,' +-N_A_M_EOF COUNSEL AND OR ORGANIZA TJON
YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING
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'L    . '

HON	GEN

UOTHC	.OTHER	DENY
x x x
x
x

ISSUES

A94.05

INDEX NUMBER

A67.50

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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 suB=M·1==E""D'
PERSONAL  APPEARANCE

A= T=1M=E

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TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NUMBER

01 Jul 2004

FD-2004-00160

Case heard at Washington, D.C.

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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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INDQ.RSEM.ENT

TO:

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

FROM:

SECRETARY OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS At·B, 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-2004-00160	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to  change  the  reason  and authority for the discharge, and, to change the reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code are denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh and he wishes to reenter the Air Force. The records indicated the applicant received an Article 15, three Letters of Reprimand, one Letter of Counseling, and one  Memorandum for Record for misconduct. 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