AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

1•••1•1

NAM E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

SRA

AFSN/SSAN
I
I

TYPE GEN

I	PERSONAL    APPEARANCE	x	I

RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS ..\ND OR ORGANJZATlON OF COUNSEL
YES	No
x
.	. .	VOTE OF THE BOA,IU>	·.
.
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DEN Y
x x x x
x
---   --- --	--	--- --	.-
ISSUES	A94.05	JNDEX NUMBER	A67.10	h  . --.	. .·· E;XHIBITS SUBMllTEII TOTHE BOARD
I	ORDER APPOINTIN G THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXH IBITS SU BMITTED AT TIME OF PERSONA L APPEAR ANCE
TAPE  RECORDING  OF PERSONAL A PPEARANCE

HEARING DATE	CASE NUMBER

01 Ma r 2005	FD-2004-00398
-PL_I N-,} ?\ -1,0'S:l)EClS_l.?-: r,f fT!f&m- l?SlJSEilON _THE::r:r 1IT{AlRf?  -DJSCliARG R:EYI£--OARD DECISIO_NAL. A:TI?N, :_.:;  . .
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 req uest.

A	I

.	" .•· .:-·- >	.  .·.	JNDORSEMENT	.	. ·	·.	IIATE:   3/1/2005
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHA RGE REVIEW BOARD
550 C STREET WEST,  SUITE 40	1535 COMMAND DR, EE WI NG, 3RD FLOOR
RANDOLPH  AFB. TX  78150-4742	ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\'JBER

FD-2004-00398	

GENERL:  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, two Letters of Reprimand, and two Records of Individual Counseling for misconduct. The misconduct included late for work, sleeping on duty, disrespect towards  a noncommissioned officer, failure to progress, and assault. 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 mili tary 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