AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AMN	TAdl PIif !b,

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NA ME OF SERVICE  !EMBER (LAST, FIRST MIDDLE INITIAL)

GRDE	AFSNISSAN

TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW

: - cot(NsEL· ._-,'    NAME OF COUNSEL AND 0R ORGANIZATION YES	No
x

ADDRESS Al'iD OR ORGANIZATION  OF COUNSEL

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MEMBER  SITTING	HON

GEN	UOTHC	OTHER

DENY

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ISSUES  ,

A94.05

lNDEX NUMBER

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A67.10

x
x x x
·,. ···•·  EXl.IIBITS SUBMITTED TO.TllEl)OARD ··.	..
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
ADDITION AL EXHIBITS  SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEAR\NCE

HEARING DATE	CASE NUMBER

13 Dec 2004	FD-2004-00321

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Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance wi th/without counsel, and the right to submit an application to the AFBCMR.

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...

-------------------------------..---,    -.-;         -·.-•·-·     ·----jN--l->-O-R--S-E-M--E--N-T---.--·--
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TO:
SAf/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH  AFB, TX 78150-4742

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FROM:

,

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR,EE WING, 3RD 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 NUJ\'tBER

FD-2004-00321	

GENERAL:  The applicant appeals for upgrad e 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 perti nent 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 1Ss and two Letters of Reprimand for various acts of 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