AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NA M E OF SERVICE MEM BER (LAST, FIRST MIDDLE INITIAL)

G RADE

AB

'I  AFSl\ /SSAI\
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1-·

-

.nPE-GEN

i  PERSONAL  APPEARANCE

x	RECORD  REVIEW

I YF:S	;\o
x

-'.\1F: OF COLNSEL AND OR ORGANIZATION

MEMBER SITTING

A[)ORESS A D OR ORGA:\IZA TION Of COL'l'iSEL

VOTE Of THE BOARD

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x

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i :	x
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A94.56 A93.2 i

INDEX NllM BER

A93.21 A94.56

EXHIBITS SUllMITTllD TO THE BOARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE i 3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FlLE

I	1--+-c·oL'NSl/E·L ·s R EUI,E'\s·E·ro,

THn EWBOA R-D====----<

'	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
!	I	PERSONAL   APPEARANCE
I	l	TAPE RECORDJNG OF PERSONAL APPEARANCE
---·---------- ----·--+----------------------i'--+	1

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C.\SE    NLMBER	I[

,  16 Nov 2004	.   FD-2004-00177	.	I
!    APPiJ.:,\>.;T S l l;E i1'-ID THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON.THE ATTACHEDAlR FORCEDISCHARGE,REVJEW BOARD DECTSJONAL RATIONALE

!   Records re \ iewed at Wash ington, D.C.
I
, Advise appi icant of the decision of the Board, the ri ght to a personal appearance with/without counsel, and the right to
;   ubm it an appl ication to the AFBCMR.

l.	,.	'	//	.

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--------- -	------------------,..;-:-,.·---------------------------------    ----------------/.-   ------------------- >--	-1
••	..

INDORSEMENT	DATE:

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11):

ll/16/2004
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FROM:

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'	SA! il'v1RBR
I	50 (' s rRr-::i:T \VEST. SCJTE 40
i	f{ A'.\DCil  P\-l :\FB. TX 78150-4742

SECRETARY  OF THE AI R  FORCE  PERSONN};L COl:l\'ClL AIR FORCE DISCHARGE RE\'1£\V  BOARD
1535 C0.\1MAND DR, EE 'WING, 3R() FLOOR
ANDREWS AFB, MD 20762-7002

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,\ FHQ  FORVI  0-2077, JAN 00	(EF-V2)	Previous edition vvill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE Nl'l\1BER

FD-2004-00177	

GENERA L:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but was unable to exercise this right at this time. He requested that the DRB render a decision based on a review of his records.

The attached brief contains available pertinent data on the applicant an4 the factors leading to the discharge.

FINDINGS:	Upgrade of discharge is denied.	The Board finds that the evidence of record does not substantiate an inequity or impropriety that woul justify.a change of discharge.

ISSUE:

Issue I .  Applicant contends discharge was improper because medication he was prescribed by the Air Force contributed to his confusion and difficulty reporting for \luty on time.  His medical records were thoroughly reviewed, and the DRB determined that his numerous i.tistances of varied misconduct were not attributable to the med ications he had been prescribed.  It was evident from the record that the applicant's supervisors and chain of command repeatedly counseled the applicant regarding his misconduct.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negativ7' behavior.

Issue 2.  Applicant contends discharge was inequitable because the circumstances involving the vandalism and larceny did not warrant the discharge.  The applicant argues that the exigencies of the tornado justified his vandalism of the vending machine.  Moreover his subsequent actions of reporting the vandalism and voluntarily undertaking to repay the damage should excuse his conduct.  Based on the information available in the applicant's records, the DRB disagrees that these facts warrant elimination of this incident as a basis for the discharge.

Issue 3.  Applicant submitted documentation of the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the repetitiveness of his misconduct offset any positive aspects of the applicant's duty performance.

The Board concluded that while the applicant's service was generally honest and faithful, a general under honorable conditions service characterization is warranted because significant nega!ive aspects of the applicant's conduct outweighed positive aspects of his military record.  Accordingly, 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 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. Jn 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