.-.

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

AB
TYPE  GEN	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 BOAIID
MEMBER    SITTING	HON	GEN	UOTHC    I	OTHER	DENY
x

x x
x x
ISSUES	A94.53	INDEX NUMBER	A67.10	EXHJITS SUBMITIEO TOTHE BOAD
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 DA TE	CASE NUMBER

21 Oct 2004	FD-2004-00289
APPIJqAJiffiS:J$SDE	TilE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and was scheduled to appear before the ORB via video teleconference on 21 October 2004, but fai led to show for his schedu led appearance and in doing so chose not to exercise this right

Advise appl icant of the decision of the Board and the right to submit an application to the AFBCMR.

,--	/}	)

INDOENT	DATE: J0/2272004
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  78150-4742	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-2004-00289	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a  personal appearance before the Discharge Review Board (DRB) and was scheduled to appear before the DRB via video teleconference on 21 October 2004, but failed to show for his scheduled appearance and in doing so chose not 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.

ISSUE:

Applicant requests an upgrade to his discharge characterization because he wants to get into school so that he may take care of his son and do something positive with his life. The records indicated the applicant received action under Article 15, UCMJ, on three separate occasions including the vacation of suspended punishment less than five months after imposition of the original nonjudicial punishment. He also received two letters of reprimand, one record of individual counseling and one letter of counseling. 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. The Board further concludes that there exists no legal or equitable basis for upgrade of  discharge.  Thus  the  applicant's discharge characterization  should not be changed.

Attachment: Examiner's Brief