AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

""'     NAl\-1E  OF SERVICE l\JEJ\'1BER (LAST, FIRST J\.11DDLE I NITIAL)

GRADE

AFSN/SSAN

TYPE GEN

I	PERSONAi,     APPEARANCE

AMN
x	I

RECORD REVIEW

1 - - - -   CO\JJJ{ - ---    NAME OF COll NSEL AND OR ORGANIZATION YES	Nu
x

ADDRESS  ANO OR ORG'\J\IZA TION OF COUNSEL

MEMBER SITTING
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ISSVES	A95.00

-iNDE    x;u1BE-R	c\_.6_7_.9_0	tc

l	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVJEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOAR D
ADDITIONAL EXHIBITS SUBM ITTED AT TIM E OF
PERSONAL APPEARANCE
TAPE R ECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE N"U!\lBER

10 Aug 2004	FD-2004-00173

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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TO:
SAF/MRBR

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FROM:

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, JRD FLOOR ANDREWS AFB, !\ID 21)762-7002

AFHQ FORM  0-2077,  JAN  00	(EF-V2)	Previous edition \ViH be used

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE: l\UMBF.R

FD-2004-00173	

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: The applicant submitted no issues and requested that the review be  completed  based  on  the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant received an Article 15 that was later vacated, 4 Letters of Reprimand and 2 Letters of Counseling ranging from failure to go, lying and failure to obey orders. The DRB opined that  through  these  administrative  actions,  the applicant had ample opportunities to change his negative behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct expected  of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.

CONCLUSlONS:  The Discharge Review Board concludes that the discharge was consistent with the proced ural 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