AIR FORCE DISCHARGE REVIEW  BOARD HEARING RECORD

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TYPE GEN	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANJZ.ATION

GRADE

AB
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	No
x

MEMBER SITTING

HON	GEN

UOTHC	OTHER

DENY
x x x x
x

ISSUES

A95.00

INDEX NUMBER

A67.10

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFJCA T!ON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBIT   SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING PATE	CASE NUMBER

13 Jan 2005	FD-2004-00348

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

Names and votes will be made available to the applicant at the applicant's request.

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR. FORCE DISCHARGE REVIEW BOARD 1535 COft.WAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 10761·7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE      FD-2004-00348

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

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: The records indicated the applicant received two Article l Ss for failure to go on various occasions, and three Letters of Reprimand for dereliction of duty, failure to go and being late for work. 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