AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRDE	AFSN/SSAN
I·1 I I I I	AB
TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW
. < COU/'IS§L'	NAME OF COUNSEL AND OR ORGANJZATJON	ADDRESS AND OR ORGANIZA TJON OF COUNSEL
YES	No
x

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·. .. ...	vot(i; OF' tilE ll<fARD . ....·

MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
x
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ISSUES	A94.05	INDEX NUMBER	A67.10	EXHIIllTS ·slJB\111:rrtn TO THE     oARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARG E
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHI BITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSON AL APPEARANCE

ll EARING DATE	CASE NUMBER

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II Feb 2005	FD-2004-00385
'-APPLICAl':/T:'s 'iSSW!')\Np .TIIE-BOARD'S IJ'ECISlONAt'RATlj:i'N;iJ:;;ARE:_Dl-S(l:USS_ED-ON THE-ATIACHED AJR FORCE DISCHARGE RE\ltEW BOARD· D_Ects1bHAt RATIONALE	. . ..•
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Case heard at Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the AFBCMR

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

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INDOm>EMENt

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•••	.·. DATE.: 211112005

TO:	FROM;

SAF/MRBR

SECRETARY OF THE AIR FORCE  PERSONNEL  COUNCIL
;\IR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	!5JSCOMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB. TX 781 50-4742	ANDREWS  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 NUJ\1BER

FD-2004-00385	

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 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 does not contest his discharge, he states that he has had time to reflect on his actions and sincerely regrets his behavior. He also states that he has become a productive member of society and would like his military record to reflect that. The records indicated the applicant received an Article 15 for failure to go on several occasions, a Vacation action under the UCMJ for dereliction of duties and for making a false official statement. He also received two Letters of Reprimand for underage  drinking,  sexual harassment and failure to obey an order. 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. The DRB was pleased to hear that the applicant is a productive member of society; however, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct 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