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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE I"llTIAL)	GRADE	AFSN/SSA"I
TYPE   UOTH	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
_      _'COlfNS	NAME OF COU NSEL A'.'-lD OR ORGANIZATION	ADDRESS  AND OR ORGANIZATION OF COUNSEL
YES	No
x

MEMBER SITTING

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SSUES	A94.05	INDEX U.'\1BER	A66.00	F.'• ' ,  ·.	/ll!!l'li Sl.l!!Ml;1"fltl1T o UJI\ !loAD 	
I	ORDER APPOrNTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADD!TIONAL EXHIBITS SUBMlTTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORD!NG OF PERSON AL APPEARANCE

HEARll"iG DATE	CASE  Nt.:MBER

13 Dec 2004	FD-2004-00313
..o.PPLICANT'S ISSUE AND-1HE'BOARb'S DECfSIONAL IiJAifl#'Alllrtuscvs-sED''Ol'I THE;-A'I'.'(A!JP iAlR-FDRCE"DlSClfARGE  REVIEW BOARlJ'OECISJONAL  RATIONALE

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Case heard at Washington, D.C.

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Advise applicant of the decision of the Board, the ri ght to a personal appearance with/without counsel, and the ri ght to submit an application to the AFBCMR.

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TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR  FORCE  PERSONNEL  COt:NCIL
AIR FORCE DISCHARGE REVIEW  BOAR[)
550 C STREET WEST, SUITE 40	1535 CO:'\IMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78!50·4742	A NDREWS  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 NUJ\-fBER

FD-2004-00313	

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.

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 contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article 15s for being drunk and disorderly, destroying Government property and for wrongfully using marijuana. In addition, he underwent  a Summary Court Martial  for, again, being drunk and disorderly and destroying Government property. 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