AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

,ME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE  GEN

AMN
PERSONAL  APPEARANCE	x	RECORD  REVIEW

COUf\!S ';!:,: , ' NAME OF COUNSEL AND OR ORGANI7.ATION YES	No
x

ADDRESS AND OR ORGANIZA. TION OF COUNSEL

MElBER SITTil'\G

HON	GEN

UOTHC	OTHER
x x x x
x

ISSUES

A94.53

ll'iDEX Nl MBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLJCATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONN EL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXHIBITS SUBM ITTED AT TIME OF
'	PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

09 Nov 2004	FD-2004-00223

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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SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR  FORCE  f'ERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE "'1NG, JRD FLOOR ANDREWS AFB, ]\ID 20762- 7002

AFHQ FORM  0-2077, JAN 00	(EF-V2)	Previous edition v,.rill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00223	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal  appearance before the Discharge R eview 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 did not provide any issues to the board for consideration.  The records indicated the applicant received an Article 15, four Letters of Reprimand and two Records oflndividual Counseling for misconduct.  The DRB 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 Board concluded the discharge was appropriate for the reasons, which were the basis for this case.

If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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