AJR FORCE DJSCHA RGE REVIEW BOARD HEARING RECORD
GRADE	' AFSN/SSAN
:·-IRST MIDDLE INITIAL)
AB	

iT\'PE GEN	j

PERSONAL APPEARANCE

x	I	RECORD REVIEW

i: ,..: cotiµ.;;; :·,:::  NA'.\1 F. OF f'.Ot Sf.L AND OR ORGAl'o'IZA TION
YES	No
x

ADllR£SS AND OR ORG,>,NfZATJON o·coUNSEL

MEMBER  SITTil'iG

HON	GEN

UOTHC	OTHER	DENY
x

x
x
x
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ISSUES

A93.09

INDl:X NUMBER

A67.50

1  ·.. ·· ,  · , y	11l•TS Wll1\m!'TO'Qi'1'!.!i •i:<<,\i;';;';il

l	ORDER 1  PONTING THE BOARD	j
2	APPLJCATJON FOR R EVlEW OF DISCHARGE
3	LETTER OF J\"OTIFICATJON
4		BRIEF OF PERSONNEL FILE 	 COtr:"SEL'S RELEASE TO THE BOARD
AODJTIO:"IAL EXHJBITS SUBMITTED AT TlME OF
PERSONAL  APPEARANCE
TAPE RECORDNG OF PERSONAL APPEARANCE

HEARING  DATE	CASE     ll·1BF.R

31 Aug 2004	FD-2004-00172

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance wi th/without counsel, and the right to submit an application to the AFBCMR

................................................................I.................................' -----------!

SAF/M RBR
550 C STREET WEST, SUITE 40 R..l\NOOLJ>H AFB, TX 78150-4742

S[CRETARY OF THE AIR  FORCE  f'£RSON'llEL COlL'KlL AIR FORC[ DISCHARGE REVIEW BOARD
1."JS COMMAND DR EE WCNG. JRD FLOOR
.-\NIHlEWS AFB. -'10 10702- 7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition v.111 be used

AIR  FORCE DISCHARGE  REVIEW  BOARD DECISIONAL  RATIONALE	CASE NL'MBER

FD-2004-00172	

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:  Upgrad e 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.

ISSUES:  The applicant stated he was told his discharge would automatically be upgraded in six months. While a discharge may be upgraded after six months, the upgrade is by no means automatic.  A discharge is upgraded only if tbe applicant and the DRB can establish an inequity or impropriety took place at the time of discharge. In this case, none was found.  Tbe applicant also contends discharge was based on personal reasons rather than professional.  The DRB found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The records indicated the applicant received two
Article I 5s, three Letters of Reprimand and four Records of Individual Counseling for misconduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board conclud ed 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	

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