•
'	AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

l'iAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFS'.'1/SSAN

••••	1 1 ll s

AMN	.-...

TYPE  GEN	I	PERSONAL   APPEARA NCE	x	I	RECORD    REVIEW
·	·.  ·:--  NAME OF COUNSEL Al\'O OR ORGANIZATION	ADDRESS A ND OR ORGANIZATIO'\l  OFCOlJ"lSEL YES	No
x

ISSUES

A94.05

MEMBER SITTING

.

!:'<!DEX NUMBER	A67.10

HON

GEN

UOTHC

OTflER

DENY
x x x
x x

I	ORDER APPOfNTING THE BOARD
2	APPLICA TJON  FOR REVJEW OF DJSCHARGE
3	LETTER OF NOTJFlCA TION
4	BRlEF OF PERSONNE L FlLE COUNSEL'S  RELEASE  TO THE  BOARD
ADDJTJONAL EXHlBITS SUBMlTTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE  l\TMBER

13 Dec 2004	FD-2004-00388

Case heard at Washi ngton, D.C
I
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.

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D\l:f E: 12!14/2Q04

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TO:

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SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY  OF THE AIR FORCE PERSONNEL COU NCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NL"MBER

FD-2004-00388	

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 contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 and a Vacation action under the UCMJ for repeatedly lying for personal gam. 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	

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