AIR FORCE DISCHARGE REVIEW BpARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

YES	No
x

SRA
PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,	--t

HON

GEN

UOTHC

OTHER

DENY
x x x x x

ISSUES

A94.53

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

11 Aug 2004	FD-2004-00179

Case heard at Washington, D.C.

Advise appl icant 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.

o••••••••••••••	•••••••	----	---	•••••••	••••••••••"	••••••••••••••••, 		
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I

SAF/MRBR
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, 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 NUMBER

FD-2004-00179	

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: Applicant  was discharged for minor disciplinary infractions. The records indicated the applicant received a Letter of Reprimand and two Letters of Counseling for misconduct. This included a civilian conviction for driving while his ability was impaired by alcohol, failure to report his arrest to his commander and lying about whether  or not there were conditions that would effect his Personnel Reliability Program status when interviewed as an unrelated matter, applying for and receiving a temporary Wyoming driver's license while his driving privileges were revoked by the state of Colorado, failure to go, and dereliction of duty. Applicant's final enlisted performance report was rated a referral "2" and chronicled his substandard behavior. Member was recommended for an under other than honorable conditions discharge, and after consulting counsel submitted a conditional waiver of his right to an administrative board hearing  in exchange for receiving a general discharge. This conditional waiver was granted. 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. Characterization as honorable is only appropriate if the member's record has been so meritorious that any other characterization would clearly be inappropriate.  That is not the case here.	
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