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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRDE	AFSNISSAN
I	111 1111'	A J C	I  11 1•
TYPE   G EN	I	PERSONA L APPEARANCE	x	I	RECORD REVIEW
_'. - CO_U_NSE_L _, ,_	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGA NIZATION OF COU NSEL
YES	No
x

,     YOTEOF THE BOARD	',,

'	.,

MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
x

..
JSSUES	A93.0I	INDEX   NUMBER	A67.10

- - ,- <_-- _-_- ,_ --

EXHIBITS SUJll\llrjED,110THE BO'J,lcRJ) :

,- : _,

I	ORDER  APPOINTING  THE  BOARD
2	APPLICATI ON FOR RE VIEW OF OISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADOITIONAL EXHIBITS SUBM ITTED AT TIME OF PERSONAL APPEAR ANCE
TAPE RECOROING  OF PERSONA L APPEARANCE

HEARING  DATE	CASE NUMBER

11 Feb 2005	FD-2004-00397
APPLICANT'S -JSSUE A- -N- D_, .TII.E,:-S-:O= ARD:S.DE-'c_IS'l,ONAJ.',-:-i-tA:T. r,O_ N.:AI;'f_'.:R- E,_DIS-C, U_SS.·ED:.·QN _'I_},_i-E,_ _ ATI-ACHED Al-R FOR_C-E DlSCHARGE RE_VIEW BOARD --DEC,-IS:lON·,L,_,,:·_:R:·T.,I;O,.,___l,f·,A..-.·l;; _ .  :.?. : '	'
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 r ight to subm it an application to the AFBCMR

Names and votes wi ll be made available to the applicant at the applicant's request

SIG!:! I[I BE !lE BECUBllEB	I 51 !:!aTllARD PRESIDENT	•
I	I

'_··_

_ -	.   INDORSEMENT	.	DATE:      2/ll/2005	. 	

TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE ru:vu;w BOARD
550 C STREET WEST. SUITE 40	!5JS COMMAND DR, EE WING. 3RD FLOOR
RANDOLPH AFB, TX 18150-4742	ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed ition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUIBER

FD-2004-00397	

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 does not contest his discharge. He states that the Air Force was justified in releasing him from active duty. He would like the reenlistment code to be changed so he can join the military again. The records indicated the applicant received an Article 15 for being disrespectful in language and deportment toward a noncommissioned officer. He also received three Letters of Reprimand for breaking  phase, avoiding PT run, failing to march to school with the formation, lying, getting into a verbal altercation with another student and being disrespecting to a superior NCO. In addition, he received a Letter of Counseling for disobeying a lawful order and missing a movement. 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