'
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

GRADE	AFSN/SSAN

AlC	..-....
X	RECORD REVIEW
ADDRESS AND OR ORGA:"IJZA. TION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY

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x
x x
x x

ISSUES

A94.05

INDEX NUMBER

A67.10

A93.21	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTWICA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS  SUBMITTED AT TIM E OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARL....,G DATE	CASE NUMBER

17 Dec 2004	FD-2004-00390

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

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SAF/MRBR
550 C STREET WEST, SUITE 4-0 RANOOLPH  AFB, TX 78150-4742

SECRETARY OF THE AIR t·ORCE PERSONl\EL COUNCIL AJR FORCE DISCHARGE REVIEW BOARD
1535 COMJ'i-t.\ND DR, EE WING, 3RD Fl,OOR
ANDRE"-'S AFB, MD 2[}762-7002

AFHQ FORM 0-2077, JAN 00	Previous edition \Viii be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2004-00390	

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: Applicant contends discharge was inequitable because he had medical issues that were not taken into account during the discharge and thus resulted in too harsh a characterization. The records indicated the applicant received two Article 15s, two Letters of Reprimand, four Records of Individual Counseling, four Memorandums for Record, and a traffic citation for failure to go and failure to perform assigned duties on several occasions, late for duty on several occasions and fleeing the scene of an accident. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his  negative behavior. The Board considered the applicant's contention regarding his medical condition and found that it did not contribute to his misconduct and thus was without merit. The Board concluded the misconduct was a significant departure from conduct expected of all military members and 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