'

,
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

AlC
TYPE GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
,, 'i,€',j':J: NAME OF COUNSEL AND OR ORGANIZATlON	ADDRESS AND OR ORGANIZA TJON OJ' COUNSEL YES	No
x

MEMBER SITTING
-----------------------------------------   .
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HON

GEN

UOTHC

OTHER

DENY
x
x x x
x

ISSUES

A93.23 A92.21

INDEX NUMBER

A67.00

I	ORDER APPOINTING THE BOARD

A93.07

2	APPLICATION  FOR REVIEW OF DISCHARGE

3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITlONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARPu"JCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DAU:	CASE NUMBER

01 Dec 2004	FD-2004-00239

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 W   T, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OJ' TIU:MR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVJEW BOARD
J 535 COMMAND DR, EE WING. 3RD FLOOR ANDREWS AJ'B, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CAS.E NUMBER

FD-2004-00239	

GENERAL:  The applicant appeals 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 that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUES:

Issues 1 and 3.  Applicant was discharged for misconduct.  Unfortunately, member's discharge processing files and medical records were unavailable to the Board for review due to being missing from the record. Because member's discharge file was unavailable to the Board for review, the Board was unable to conclusively ascertain the nature of misconduct on member's part that formed the basis for the discharge.  The Board also could not determine if member consulted counsel or submitted statements on his own behalf at the time of the discharge.  When requested to provide any pertinent information he may have about the discharge file or his record of service, applicant advised he did not have any relevant information.  Applicant contends his discharge was based on a medical determination of his inability to cope with military life.  He also noted while in the service he was immature and negatively impacted by marital problems which led to him to act out in a disruptive way.	Applicant failed to provide any evidence to substantiate his contentions, and lacking documented evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis for an upgrade.  No inequity or impropriety could be found in the records available for review.

Issue 2 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was doing well.  However, this is not a matter of inequity or impropriety which would warrant an upgrade.

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