•	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
•	
NHU: OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN
AB	I Sb

TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

,		c_o_uN•EL ---; NAME OF COUN"SEL AND OR ORGANIZATION YES	N(I
x
MEMBER SITTING

ADDRESS AND OR ORGANIZATIO OF COUNSEL

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HON	I	GEN	UOTHC	OTHER	DENY

--- - - - - ----- - - - - ----- - - - - ----- - - - - ----- - -	-------------+-----j----t-----f----t	1
x

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x

.

x
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' ISSt'J<:S

A94.05

INDEX  NC.:MBER	A67.90	.• •	•• .. EXWJ!l'fS. Sl!M1t'J'J;D l;oTJl!!i BOAR!)• .;fj.J;'.!• c:•J;'.
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 D.-\TE	CASE NUMBER

17 Dec 2004

FD-2004-00368

I Case heard at Washington, D.C.
I
! Advise appl icant 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.
l

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TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE "-'ING, JRD FLOOR
ANDREWS AFB, .MD 20762- 7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NU!\tBER

FD-2004-00368	

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 (DRS) 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 that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15, four Letters of Reprimand, and one Letter of Counseling for misconduct.  The misconduct included late for work , wrongly and falsely making fraudulent military identification cards and making a false official statement. 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.

Attaclnnent: Exami ner's Brief