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TYPE    GEN	x	I	PERSONAL  APPEARANCE	I	RECORD REVIEW
,  ·COUNSEL	NAME OF COUNSEL Al\"D OR ORGA:"IJZATJON	ADDRESS AJ\"D OR ORGANIZATION OF COUNSEL
YES	No

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EXIJ.ll!l)'S SU.Bt1TTEDT0T1IE !/OAn:   ;;;   •   ••"':
••••

AOl.47	I	ORDER APPOINTING TH E BOARD
2	APPLICATJON FOR REVJEW OF DJSCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FlLE COU'1SEL'S RELEASE TO THE BOARD
ADDJTJONAL  EXHJBITS  SUBMJTTED AT TlME OF PERSONAL  APPEA RANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARll'iG DAT£	('ASE NUMBER

. . .

12 Oct 2004	FD-2004-00235

.	. . .

APPLICA1'J"S ISSUE AND THE OARD'S DECISIONAL RATIONAL ARE'DISC1J.SS,E, D.'.'o:,tlJ,:,H,E,,:,A, ,T,,I,A,,C,1,_fEii,AIFd3,:0R.C. E,D,L,,'iC,H,A.:R.0,E.,'.R,,E, V. IE.,W,,,,B,, DA.R. D.:DI.;GISJONAL R!\'f)ONAI.,:i:: '	·.
••
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

:

··----- ··----- ··----- ··----- ··----- ··----- ··----- ··--- -··----- ··---:i...............,
...

.		lNUORSEMEN  T	. .·   : ·	;:.'	. .._.  DATE:  11/312004 	

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--	---------	:· .,·	<.	----·-·· ·---··- -----
TO-	FROM:
SAF/M RBR	SECRETARY OF THE  AIR FORCE  rERSONNEL  COUNCI L
i\IR FORCE DISCHARGE REVIE\\1 BOARD

550 C STREET \VEST, SUJTE 40

1535 CO.'H.\fAND DR, EE WING, 3RD FLOOR

RANDOLPH  AFB, TX 781 50-4742	ANDREWS At-B, MD 20762-7002

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

AIR FORCE DISCH ARGE REVIEW BOARD DECISIONAL RATIONALE	CASE    LIMBER

FD-2004-00235	

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

The applicant appeared before the Discharge Review Board (DRB) on 12 October 2004 and submitted the following additional exhibits:

Exhibit 5 - Written Statement, Undated
Exhibit 6 - Character Statement from WOO •T• 1 H.	J ,7 Aug 89 Exhibit 7 - Witness Statement, 7 Aug 89, a	I•. ilfi Ill•:
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 that  nei ther  the evidence  of record  nor that  provided  by the  applicant  substantiates  an inequity or impropriety that would j ustify a change of discharge.

ISSUE:

Issue 1. Applicant contends discharge was inequi table because i t was too harsh.  The records indicated the applicant received an Article 15 for failing to obey an order and for being disrespectful to a non­ commissioned officer and two Records of Individ ual Counseli ng for failure to obey an order and dereliction of duty.  Additionally, the member was found guilty by a Special Court Martial on 12 Sep 89 for striking a noncommissioned officer.  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.

Issue 2.  Applicant states that his commander did not consider him for Probation and Rehabilitation.  The records reflect the member was sentenced to 30 days of correctional custody; however, the member testi fied he was only able to complete 4 hours due to his unwillingness to conform to standards while in correctional custody.  The member further stated he was under rehabilitation while in correctional custody.  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