AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
·1 1	r1•••11••·-·

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE 11\ITIAL)

GRADE	AFSN/SSAN

•	..	1	a

AMN

II	111 I	f

TYPE  GEN

I	PERSONAL    APPEARANCE	x

I	RECORD    REVIEW

,:;,  ,: (:ON,-  :;    NAME OF COUNSEL AND OR ORGANIZATION
,'  YES	No
x

ADDRESS A:.lD OR ORGAl\"lZ..ATIOI' OF COUNSEL

VOTE OF'}'llE •B.IJA:JID

MEMBER  SITTING	HON

GEN

UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A67. 10

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 DATE	CASENU'.\'IBER

09 Dec 2004	FD-2004-00335

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:	FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40 RAN DOLPH AFB. TX 78I 50-4742

SECRETARY OF THE AIR FORCE  PERSO-SNEL COUNCIL
AIR FORCE DJSCllARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS Al•B, '10 20762-i002
I

A FHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00335	

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

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, change of reason and authority for discharge, and change of reenlistment code are denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article lSs, two Letters of Reprimand, one Letter of Admonishment, and one Record of Individual Counseling 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. The applicant states that he was separated from his wife in April of 1999 and paying court ordered child support. This issue is without merit as he was still legally married and his records at the time of discharge indicate that he was married with one dependent.

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