GRADE	-..

'

'	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
,

PERSONA L APPEARANCE

AM N
x	I

RECORD REVIEW

-        :CQUl';(S4 -	NAME OF COUNSEL AND  OR  ORGANIZATION
YES	No
x

ADDRESS A'.llD OR ORGANIZA.TIOJ'li  OF COUNSEL

,

MEM BER  SITTING

'

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HON	GEN

UOTHC	OTHER	DENY
x
x x
x x

ISSUES

A94.05

INDEX NUMBER

A67.10

',	,'	)l'.l!!lliJ'§ Bl!Mrft	i'lif!rl'!! !l;!J:'I)! ··'   .,. ·,
I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTlFICA TION
4	BRIEF OF PERSONNE L FILE COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED Af TIME OF
PERSONA L APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NU."HBER

07 Oct 2004	FD-2004-00245
Af,->-Jir;.ICANT'S'lSSlllE A,\, /D)'l{EJlOAR'f> SX>ECISJONAL-ltA:TjQN,AL :AR-E'D-ISCU,S-$ED-;O--N'TE!E' ATtAClffiD'AlR);6RCE DJSCH;l\RG.HiEVJR\\tBOAR-D 0 DECISJONAL -_RA:'f_!OJ\I  '

, '' ,_'

-	-	- -	---
Case heard at Washington, O,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

.

................... .............. ...................................................................................................................................................................................     :·-----------1
:.

SAFIMRBR
550 C STREET WEST, SUJTE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY  OFTHE AlR FORCE  PERSONNEL  COU NCIL AIR FORCE DISCHARGE REVIEW BOARD
l SJ5 COMMA D DR, EE WING, 3RD FLOOR
ANDRE\VS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition wi\l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00245	

GENERAL: The applicant appeals for upgrade of discharge to honorable, 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 based on one isolated incident. The records indicated the applicant received an Article 15, a Letter of Reprimand, a Letter of Counseling, and a Vacation action under the UCMJ for various acts of misconduct. The applicant's issue about it being based on one isolated incident is without merit as the above acts of misconduct show. 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