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AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME  OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
I I	••111111•	AMN
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAM£ OF COUNS!i:I" AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNS£L
YES	No
x

,..

VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x
x x

ISSUES	A94.0S	INDEX NUMBER	A67.10	EXHIBITS  SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TJON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

27 Apr 2005	FD-2004-00453
. APPLICANT'S ISSUE ANI> THE BOARD'S DECISJONALRATION,;.L ARE DISCUSSED ON THE ATf ACHEO AIR FORCE DISCHARGE REVIEW BOARD OECIS!ONA.L Jl.TIONALE
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 wil l be made available to the applicant at the applicant's request

·'

/	/!	_-,

lNDORSEMENT ·   ..	DATE: 412712005
TO:	FROM:

SAF/MRBR

SECRETARY  OF THE AIR FORCE  PERSONNEi_  COUNCii-
AIR FORC£ DISCHARGE  REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH Af B, TX 78150-4742	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-2004-00453	

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 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  when he received  his punishment  no one told him he was getting discharged until after he signed the forms saying that he accepted the charges and he wasn't able to take all the appropriate actions that he wanted to. The records indicated the applicant received an Article 15 for wTongfully giving a vehicle pass to another airman, two Letters of Reprimand, three Letters of Counseling, and one Record of Individual Counseling for various minor misconduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his  negative behavior. The applicant's issue is without merit. He was properly notified by his commander that he was being recommended for discharge and had the opportunity to respond. 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