NAVIE OF SERVICE M-EMBE-R (LAST, FIRST MIDDLE IMTIAL)

GRADE

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

TYPE   GEN	I	PERSONAL    APPEARANCE

x	I	RECORD    REVIEW

I   :;-><;	,  NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS Af'o"() OR ORGANIZATION  OF COl'NSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x

ISSUES

A94.05

INDEX NUMBER

A67.10

x
x x x
,,,:!,;; 
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  EXH IBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARL\NCE

HEARING DATE	CASE NUMBER

10 Dec 2004	FD-2004-00301

Case heard at Wash ington, 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

.	DATE:. l:l/l.0,12004

SECRETARY OF THE AIR FORCE PERSONNEL COt'NCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COM:MA?llD DR, EE Wl/'\G, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, 

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00301	

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 denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, three Letters of Reprimand, two Letters of Counseling, and one Memorandum for Record for misconduct. 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