AIR FORCE DTSCf{ARGE REVIEW BOARD HEARING RECORD
ITIAL)	GRADE

PERSONAL  APPEARANCE

AMN
x

RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION	ADDP..ESS AND OR 011.GAN17.ATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A67.90

l	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 SUBMI TED AT TIME 0 PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEAR!NG DATE	CASE NUMBER

16 Feb 2005

FD-2004-00389

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 ,

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

SIGNATURE	ORDER _

TO:	FR.OM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, lRD FLOOR 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 NUMBER

FD-2004-00389	

GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge, and 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 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 for failure to go twice and for consuming alcohol while under the age of 21. He also received three Letters of Reprimand, one Letter of Counseling, and three Verbal Counseling' s for various misconduct. 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