AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

•	NAIE OF SERVICE MEMBER (LAST, FIRST   llDDLE INITIAL)

GRADE	AFSN/SSAN

YES	l'"o
x

PERSONAL  APPEARANCE

AMN
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZA. TION OJI COUSEL

MEMBER SITTING

HON	GEN

OTHER

-.·----- - - - - ----- - - - - ----- - - - - ----- - - - - --------------- -----+-----f----+-----+	1
x
x x
x x

!SSl'ES

A94.05

INDEX    UMBER

A67. IO

I	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 APPEARA'iCE

HEARING  DATE	CASE  l'MBER

12 Oct 2004	FD-2004-00232

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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TO:

S.t\.F/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535COl\:lMAND DR, EE \.l'ING, 3RD FLOOR Al\'DREWS 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 Nt:MBER

FD-2004-00232	

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

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, change of reason and authority for discharge, and change of reenlistment code are denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh and was based on the actions of his dependent spouse at the time. The records indicated the applicant received two Article 15s, three Letters of Counseling, and a Vacation action under the UCMJ for various acts of misconduct, including assault. 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 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 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