•	A IR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
•	
I NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
1_2_! 11 II J ILL

GRADE	AFSN/SSA'I
SRA	

TYPE G EN

I	PERSONAL  APPEARANCE	x	I

RECORD REVIEW

--··= -t-- --------------------t-- ------------------j

("OtlJSSF.L	o        NAME OF COUNSEL AND OR ORGANlZATION
YES	No

ADDRESS AND OR ORGANIZATION  OF COUNSEL

i---­	x
i

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MEMBER SITTING
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GEN	uomc	OTHER	DENY

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i	x
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I   ISSlWS	A 9Z.3S	INDEX NUMBER

92.2

1,	A	1

A39.00

.EXHIBITS St:BMITTEDTO THE BOARD ·
1	ORDER APPOINTING THE BOARD

,	A92.19
A94.05

2	APPLICATION  FOR REV IEW OF DISCHARGE
3	LETTER OF NOTIFICATION

!	4	BRIEF OF PERSON'.'JEL FILE
I	COUNSEL'S RELEASE TO THE BOARD

I

ADDITIONAL  EX! IllmS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

I ll L\Rl'G DATE
I

CASE NUMBER

TAPE RECORDING OF PERSONAL APPEARANCE

I 17 Dec 2004	FD-2004-00358

f   Case heard at Washington, D.C.

Advise appl icant of the decision of the Board, the ri ght to a personal appearance with/without counsel, and the right to
I subm it an application to the AFBCM R.

I

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INDORSEMENT
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550 C STf LF:T \V FST, SU JTE 40
'''I	RA'\:DOLP! ! AFB. TX 78150-4742	I

DATE: 12/17/2004

SECRETARY OF THE AIR FORCE PERSOtl. tl.'El. COl·l'iCIL AIR  FORCE [)ISCHARGE RE\"lEW BO-\RD
1535 CO'\P.1A"iD OR. EE Wl'l'G. 3R[} FLOOR A IJR}"\\'S Af B, ,l\1J) 20>6?- ooz

l-	--------------------------------   -------·-

A FHQ FORM 0-2077, JA N 00

(EF-V2)

Previous edition v.·ill be used

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL  RATIONALE	CASE NUJ\.1BER

FD-2004-00358	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  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 disch&ge.

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

The Board  finds that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify  a change of discharge.

If the applicant can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the  Board.  If he  should  choose  to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

ISSUES:

Issue I .  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received two Article l 5s, two Letters of Reprimand, three Letters of Counseling, and one Memorandum for Record for misconduct.  The misconduct included taking unapproved leave, late for duty, problems with dependent affecting duty performance, not wearing rank insignia on uni form, operating a non­ operational vehicle, and disrespect toward a commissioned officer. 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, especially noncommissioned  officers.  The DRB also recognized the fact that the applicant had served
almost eight years total service before the discharge was initiated, but concluded the applicant's misconduct outweighed the positive aspects of his time in the Air Force.  The Board noted the applicant submitted a conditional waiver of his rights to an administrative discharge board hearing and requested an administrative discharge with receipt of no less than a General Under Honorable Conditions discharge.  The  characterization of the discharge received by the applicant was found to be appropri ate.

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by hi s perfonnance reports, letters of recommendation  and other accomplishments.  They found the seriousness of the willful miscond uct offset the positi ve aspects of the applicant's duty performance.  The Board concluded the discharge was appropri ate for the reasons that were the basis for this case.

Issue 3 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no ineq uity or impropriety in hi s discharge was suggested or found in the course of the hearing.  The Board concluded the miscond uct of the applicant appropriately characterized his term of service.	

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