AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE GEN

PERSONAL  APPEARANCE

CAPT
x

RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

------------------------------

MEMBER SITTING

_ _ _ _ _ _ _ _ _ :----------------	"

HON	GEN	UOTHC

OTHER

DENY

x x x
x
x

ISSUES	A94.05

INDEX NUMBER

A67.50

I ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LEITER 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 DATE

15 Dec 2004

CASE NUMBER

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

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TO:
SAF/f\1RBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
I Sl5 COMMA)'ID DR. EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002	
AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous edition \viii be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\tBER

FD-2004-00324	

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

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 and change of reason and authority for discharge 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.

ISSUE: Applicant contends discharge was inequitable because it has made it difficult for him to get employment. The records indicated the applicant received two Article l 5s and one Letter of Counseling for going absent without leave, fraternization, and making a false  official statement. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. While the Board is sympathetic to the issue of struggling to find employment, they concluded the misconduct was a significant departure from conduct expected of all military members and thus 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