1	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME..OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AIC
PERSONAL  APPEARANCE	x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

x

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x
x x

ISSUES

A94.53

INDEX NUMBER

A67.10

1	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

RF.ARING  OATF.	CASE NUMBER

01 Dec 2004	FD-2004-00254

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.

---------------------------------	-----...el. ----- A.-	--- -------.f:_ _ _ _ _ _ _ _ _ _ _ _ _ .!]_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,
'	

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781504742	

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL AIR FORCE DJSCllARCE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RO FLOOR 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-2004-00254

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change his 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.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUES:

Issue 1. Applicant was discharged for minor disciplinary infractions. The records indicated the applicant received an Article 15, two Letters of Reprimand, a Letter of Counseling, a verbal counseling, and Letter of Admonishment for misconduct. His infractions included being late to duty twice, failing his dormitory room inspection twice, financial irresponsibility, and failure to go. 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.

Issue 2. The applicant cited his desire to return to military service. The Board was sympathetic to the impact his reenlistment code was having on the applicant, but 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