AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE GEN
f-'--c-o_UT.N_s•L-;-,
YES	Nu
x

I	PERSONAL     APPEARANCE
. NAME OF CPUNSELAND OR ORGANIZATION

AMN
x	I	RECORD    REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

. ..	.	VOTEOF    THEBOARD

MEMBER SITTING

HON	GEN

UOTHC

OTHER	DENY
x x x x
x

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ISSUES

A94.05

INDEX NUMBER

A67.10

:	·•••..      . ..)l:(Hll!.l'fSSUBJ\llTI)lD TO THE I\{lA,R\)   .
I	ORDER APPOINTING THE BOARD
2	APPLICATJON  FOR REVJEW OF DJSCHARGE
3	LETTER OF NOTlflCA TJON
4	BRIEF OF PERSONNEL FCLE COUNSEL'S RELEASE TO THE BOARD
ADDJTIONA L EXHCBJTS SUBMlTTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEAR'\NCE

HEARING DATE	CASE NUMBER

11 Feb 2005	FD-2004-00402
APPLICANT'S· JSSUE AND tHE·BbARD'.S bE;CJSIONALRATlONAL'ARE-D! SCUSSED ON THE A.TTACHED!Alll'FORCE:OISCI-iARGE REVlEW BOARD DECISJONAL·RNHON/oJ.£

•'      '        -        "	- - - ·     '   ' , ,-	_., ,_-     -      -     - -      -       -        - - - --	,-	-     -	· -::::- - -
Case heard at Wash ington, 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.

.

TO:

l,NDOSEMENT      .

FROM:

.·  .

·.   ·•   DATE:< 2fljlZ005

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

SECRETAkY OF THE AlR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAN() DR, EE WlNG, JRD FLOOR
;\ NOREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUi\1BER

FD-2004-00402	

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 being disrespectful toward his superior commissioned officer and for writing a bad check. Also, he received a Letter of Reprimand for being 3 hours late for duty and a Letter of Counseling for speeding. 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. If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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