-	==========::::::::::::::=====-'--------------·-·
.•	AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

di td •11121•1

AlC	1	I LS

TYPE• GEN	I	PERSONAL    APPEARANCE

x	I	RECORD

-L----------------<
REVIEW

1-	--'_o.J.;,J.NsE_l.   '-I NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

- -----------------<
ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF IBE BOAlID

0

 	H_O_N_··-- -G'EN--r-U- OTHC_ _.    -    __0·-Hf_ER_._

MEMBER SITTING
I

DENY

..

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..

-----------------------------------------    ..	x

.

...	x

..

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..	x

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x

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x

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-----------------------------------------
ISSUES	A95.00	INDEX  NUMBER

A67.90

J >	EXlJIBITSSUBMITTED.'.IQ UIE QOAlW .....·.·.•
1	ORDER APPOINTING ThlE BOAR_D 	
1
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTJFICATION
4	BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD	I

-1-AP-EDRD_SI_TOI_No_ANL_A_ALP_EP_xE_HA_Rl_BA_ITN_sC_Es_u_B_M_l_TT_E_D_A_T_T_I_M
1-

E_O_F	I,

TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

17 Aug 2004	FD-2004-00229
APPLICANT'S ISSUE AND T!1E; BOARl):S DECJSJONAL RATlONAL AREDlSCUS.SED ON THE ATTACHED A!R FOR\'.;E OlSC!lARQE.REVIEW BOARD DECISIONAL RATIONALE
..	..·	·.·
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 appl ication to the AFBCMR

.

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---	---- - -- --INDORSEMENT	.·•·	DATE: . 8/17/_Z004  -C--- -,

TO:

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

FROM:

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  REVIE\V BOARD DECISIONAL  Rt\TIONALE	CASE NUMBER

FD-2004-00229	

GENERAi,,: The applicant appeal s 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: The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant received two Article 15s for writing bad checks and for failure to obey a lawful order. He also received a Letter of Reprimand and a Record of Individual Counseling for leaving the scene of an accident, driving with an expired license and for missing M-16 training. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.

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