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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NA.ME OF SERVIC.E MEMBER (LAST, FIRST M IDDLE INITIAL)	GRADE	AFSN/SSAN
AB	11••11••
" '  "Y..':"' ;--· .; '	'	i	'"

TYPE   UOTH	I	PERSONAL     APPEARANCE	x	I	RECORD   REVIEW.
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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'''	x
r'	'	 	

'	x

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'''	x
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"	'''	x
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'''	x
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SSUES	A94.05	INDEX NUMBER	A67.30	EXHIBITS SUBMITTED TO TH.E BQARD
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 APPEARANCE

HEARING DATE	CASE NUMBER

05 Oct 2004	FD-2004-00244
APPLICANT'S ISSUE AND TI!E BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE 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 subm it an application to the AFBCMR

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-'- -----------------------------------------I-N--D-O--R-S-E--M--E-N--T------------------------------------------------D--A-TE: 10/5/2004
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 781 50-4742	ANDREWS 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 NUMBER

FD-2004-00244	

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and 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 due to unjust reasons. The records indicated the applicant received three Article 1Ss for failure to go, stealing two compact discs, leaving his appointed place of duty, being derelict in the performance of his duties and for being disorderly; a Letter of Reprimand for failure to go and failure to obey an order; and a Summary Court Martial for breaking a restriction. The DRB opined that through these administrative actions, the applicant had ample opportunities to  change  his negative behavior.   The Board finds the applicant's statement about being "separated due to unjust reasons" is without merit and 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 he 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