AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD
'	NAME OF SERVICE :>!EMBER (LAST, nRST MIDDLE INITIAL)	GRADE
AB

PERSONAL  APPEARANCE

x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGA:"o!IZATION	ADDRESS AND OR ORGA NIZATJON OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A95.00

INDEX  Nl,;MBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER Of NOTlf lCATION
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 DATE

CASE Nt:MBER

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

··----- ··----- ··----- ··----- ··----- ··----- ··----- ··---- ··----- ··----- ··----- ··----- ····

".'.?.,r::···r.,......,•••.•.••••..•..···	RSJ;;J'.v!EN'f ...

TO:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40
RA.l.\JDOLPH AFB, TX 781 50-4742

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD 20762-701)2

AFHQ FORM 0-2077, JAN 00

(EF·V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00387	

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 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 applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received two Article  15s, a Vacation action under the UCMJ and a Record of Individual Counseling for various misconduct, the worst being the wrongful use of marijuana. 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