AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

.	1 nn 1 111 1
TYPE GEN

AlC
PERSONAL  APPEARANCE	x	RECORD  REVIEW

2 ••, •:

(?_oti'\'f$tL- : _.,   !'\ AME OF COUNSEL AND OR 0RGAl'il7..ATION YES	:"'o
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
--------------------------------------

-------------------

HON	GEN	OTHER

DENY

x x x x
x

ISSLES

A94.53 A93.01 A94.05

L"iDEX NUMBER

A67.50

1	ORDER APPOJNTrNG 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
PERSONA L APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

11EARING DATE	CASE NUMBER

18 Nov 2004

FD-2004-00221

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.

----------------------------------------------------------------------.L

_ _ _ _ _ _ _ _ _ _ _ ./.2'_ _ _ _ _ _ _ _ ,_ _ _ _ _ _ _ _ _ _ _ _

----------------------------------------------------------------	-------------------------------------------   ·

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB, TX 781 50-4742

S"ECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIE\V BOARD
1535 COMMAND DR, EE '\YING, JRD FLOOR
ANDRE\\'S AFB. MD 20762·7002

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

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

FD-2004-00221	

GENERAL:   The applicant  appeals  for upgrade  of discharge to honorable  and to change the reason and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 ofreason and authority for discharge 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.

ISSUE:

The records indicated the applicant received two Article l 5s, four Letters of Reprimand, and three Letters of Counseling for misconduct.	Member's misconduct included speeding, sleeping on duty, dereliction of duty, and failure to go on numerous occasions.  The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  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.

Applicant states that his discharge did not take into account the good things he did while in the service. The ORB took note of the applicant's duty performance as documented by his performance reports, of which two were referrals, letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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