AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

,	!EMBER (LAST, FIRST MIDDLEINITIAL)

TYPE  GEN	I	PERSONAL    APPEARANCE

GRADE	AFSN/SSAN

AB	-
x	I	RECORD    REVIEW

e c_ouN_s_<_L' - NAME OF COl11'\SEL AND OR ORGANIZATJON YES	Nt1
x

ADORF.SS A:"lD OR ORGA:"l!ZA TJON OF COUNSEL

MEMBER SITTING

.

HON	GEN

UOTHC

OTHER	DENY
x

.	x
.	x
.	x
x
·-----------------------------------------

ISSt:ES

A94.0S
A94.ll AOl.21 AOl.39

INDEX NUMBER

A67.09

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER OF NOTJFICA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
A DDITIONA L EXHIBITS SUBM ITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

25 Aug 2004	FD-2004-00175

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:	FROM:
SAF!MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DlSCJl.\RGE REVIEW BOARD 15JS COMMAND DR, EE \VING, JRD Fl,OQR ANDRE\\-'S AFB, !\-ID 20762- 7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NL'J\IBER

FD-2004-001 75	

GENERAL:   The applicant  appeal s for upgrade  of discharge to honorable  and 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  and  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are 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:
Issue I . The applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received  l l AETC 341 s for misconduct, one Record of Individual Counseling for damaging government property, one Letter of Reprimand for underage drinking and one Article 15 for being Absent Without Leave and making a false official statement.  The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.

Issue 2.  The applicant contends his commander's actions were arbitrary and capricious, however, the records review failed to disclose any evidence to demonstrate abuse of authority and does not merit reconsideration.  Furthermore, the applicant states Article 31 rights were violated.  Documentation shows that the applicant was read his rights using a Rights Advisement card.

Issue 3.  The applicant contends that he did not receive adequate counsel.  The record reflects that the applicant consulted with his lawyer and was afforded the opportunity to and did present mitigation regarding the Article 15.

While the applicant states that he would like to reenter the military, he has demonstrated a lack in quality of service to justify reversal of findings.  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