AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
'f-	--1

NAJ\1E  OF SERVICE i\1EJ\1BER (LAST, FIRST i\JIODLE INITIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

AB
x	RECORD REVIEW

run me

YES	:'io
x

ADDRESS A:-lD OR ORGANIZATION OF COUNSEL

ISSL1ES

A94.53

MEMBER SITTING

INDEX NUMBER	A67.10

HUN	GEN

UOTHC

OTHER

DENY
x x x
x
x

ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL"S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARNCE

HEARL  G DATE	CASE NUMBER

14 Jun 2005

FD-2004-00457

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 request.

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TO:

SAF/MRBR
550 C STREET WEST. SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OF THE AIR FORCE PERS01'l"iEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD 20762- 7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\IBER

FD-2004-00457	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change  the  reason  and authority for the discharge, and to 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 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: The applicant noted his desire to join the military and serve his country again. While the Board commends the applicant on this aspiration, this  is not a matter of equity or propriety with regard to his discharge and does not provide a basis that warrants an upgrade. The  records  indicated  the  applicant received two Article 15s, three Letters of Reprimand, and three Letters of Counseli ng. 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