AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

AMN

.-..

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
TYPE GEN	I	PERSONAL APPEARA NCE

GRADE

x	I	RECORD  REVIEW

:;::::,- ::<JmMm	c <     NAME  OF COUNSEL AND OR ORGA:'.llIZATION
YES	No
x
MEMBER SITTING

ADDRESS A:>o!O OR ORGANIZATION OF COUNSEL

<<<:   <		!..f. il...	.=···II·"I·.;.;III.·I··.··.     1
HON	GEN	UOTHC	OTHER	DENY
x x x
x x

ISSUES

A94.05

INDEX Nl MBER

A67.10		11111!'s!'!l)l$m!!100!'1'ill!lil1'!!ll	· · .·
)	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 SUBM ITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NUMBER

08 Dec 2004	FD-2004-00350

.    .

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

.

..........................................................................................................................................................................................···:..f	1
.  --·-	----- --........,...........,.............................................. ,..	-...................................................'

·.
TO:

SAF/MRBR
550 C STREET WEST, SUITE 40

'	·.
FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIE\\! BOARD 1535COMMAND DR, EE WlG, 3RD FLOOR

.. .

RANDOLPH AFB, TX 78150-4742

ANDRE\\'S 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 NUl\-1BER

FD-2004-00350	

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.

ISSUE: Applicant does not contest his discharge. The records indicated the applicant received two Article 15s, a Vacation action under the UCMJ, a Letter of Reprimand, a Record of Individual Counseling and two Memorandums for Record for misconduct. The ORB 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 stated he was told his discharge would automatically be upgraded in six months. The DRB noted the issue was common, the result of miscommunication. While a discharge may be upgraded after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and the ORB can establish an inequity or impropriety took place at the time of discharge. In this case, none was found, so the Board denied the appeal.

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