AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA OF SERVICE MEMBER (LAST, flRST MIDDLE INITIAL)
.$1 ll f 11111	I lf JI
TYPE  GEN	I	PERSONA L APPEARANCE
r =·§=b<:tTJN=$J:L. '--'1 NAME OF COU'.\lSfi:L AND OR ORGANIZATION
YES	No
x
MEMBER SITTING

GRADE	AFSN/SSAN

Al C
x I	RECORD  REVIEW
ADDRESS AND OR ORGAIZATIO:"I OF COUNSEL

..•. .•}	<	...· ';;'f E QFTJl(!A!! . .	. . ··.·.•·•·•	..
HON	GEN	UOTHC	OTHER	DENY

- - - - - ----- - - - - ----- - - - - ----- - - - - -----,_---------------1----+----+---+----+--- 1
x
x x

ISSl:ES

A94.05

.

INDEX  Nt:MBER

x
x
A67.90	IH!Hill:•.Y-	;ll	.!W.   1§	lii•ll!i.!	•• • . · .
]	ORDER APPOINTING THE BOARD
2	APPLICATJON  FOR REV JEW OF DlSCHARGE
3	LETTER OF NOTJFJCA TION
4	BRJEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDlTlONAL EXHJBJTS SUBMJTTED AT TlME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DAT£	CASE NUMBER

09 Dec 2004	FD-2004-00166

Case heard at Washi ngton, 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

...----------------------------------------------------------------------	-------------	-----=------------------------- ·,............._ 1
l.

TO:

SAF/MRBR
550 C STREET WEST, SUJTE 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 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  NUJ\1BER

FD-2004-00166	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article 15s, two Letters of Reprimand, and a Memorandum for Record for misconduct. The ORB 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