AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL)	GRADE

AMN

AFSNISSAN

PERSONAL  APPEARANCE	x	RECORD  REVIEW
ADDRESS AND OR ORGANJZA.TION  OF COUNSEL

MEMBER SITTING
.............. .............. .............. .............. .......

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HON	GEN	UOTHC

OTHER	DENY
x x x
x x

ISSUES

A94.05

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFlCATION
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	CASE Nfil.IBER

15 Dec 2004	FD-2004-00342

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:

SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB. TX 78150-4742

SECRETARY OF THE AIR FORCE l'ERSONNEL COl.11\'(;Jl. AIR FORCE DISCHARGE REVIEW BOARD
153. COMMAND DR. EE WING, JRD FLOOR
ANDREWS  AFB, MD 20762-1002

AFHQ FORM 0-2077, JAN 00

(EF·V2)

Previous edition \Vil1 be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00342	

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 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 was too harsh. The records indicated the applicant received two Article l5s, four Letters of Reprimand and four Records of Individual Counseling for dereliction in duties, writing bad checks totaling $754.33, a civil arrest for speeding and driving with a suspended driver's license, other traffic  violations, failure to complete his CDCs, failure of dormitory inspections and late for duty. 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