AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE l"llTIAL)	GRADE

TYPE GEN

I	PERSONAL APPEARA NCE

AMN
x	I

RECORD REVIEW

l'-'"-_',:?-:C·-.G:;•:U..:!:N_::S·.::C• ."'"'" NAME OF COl'.NSEL AND OR ORGANIZATION
YES	No
x

ADDRESS  ANO  OR ORGAl"ilZA TION  OF COl-NSEL

.

'

...	'

MEMBER  SITTING	HON	GEN	UOTHC

OTHER

DEN Y

I :

Li

ISSUES

A95.00

.

INDEX :'llU.v!BER

A67.10

x x x x
x
.	.
I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRI EF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDJTrONAL EXHIBITS SCBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  NUMBER

12 Oct 2004	FD-2004-00242

Case heard at Washi ngton, 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:	FROM:

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

SECRETARY  OF THE AIR  FORCE  PERS01'1'EL  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND  DR, EE  '\YING, JRD FLOOR ANDREWS AFB, M O 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE l\"UJ\IBER

FD-2004-00242	

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 approved.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record the Board finds the applicant's discharge inequitable.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the available service record. The records indicated applicant received an Article 15, one Letter of Reprimand, and three AETC Form 34 l s for various acts of misconduct. The Board noticed that the applicant did not receive any further misconduct between the issuance of the Article 15 and the Commander's Notification letter. Also, if the command would not have waited for over a month to process the notification, the applicant could have been discharged as an Entry Level Separation.  The DRB did not condone the misconduct by the applicant; however, the discharge is more appropriately characterized as Honorable.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was withi n the discretion of the discharge authority and that the applicant was provided full administrative due process. However, in view of the foregoing finding, the Board further concludes that the overall quality of the applicant's service is more accurately reflected by an Honorable discharge and should be changed under the provisions of Title I 0, USC 1553.

Attachment: Examiner's Brief