AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAl\·1E OF SERVICE MEMBER  (LAST, FIRST l\'11DDLE INITIAL)	GRADE	AFSN/SSAN

AMN
.
TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

, COUNSEL. :, -

YES	No
x

NAME OF COUNSEL AND OR ORGA.<'IIZATION	ADDRESS AND OR ORGANJZATION  OF COUNSEL

VQTE-'OF'.f-HJ:-BOARD

.... .'.	.	.

MEMBER SITTING

-------- --'T-	..

HON

GEN

UOTHC

OTIJER

DENY

x

ISSUES

A93.0l

rNDEX  NUMBER	A67.10

x x x
x

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEV\l OF DISCHARG E
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
2	
ADDITIONAL EXHJBITS SUBMITTED AT TIME OF
PERSONA L APPEARNCE
TAPE RECORDING OF PERSONAL APPEARANCE

1:1 EARING 01\TE	CASE NUMBER

17 Mar 2005	FD-2004-00464

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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11 4'.p_OJ<SEllJE!Q I

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

SECRETARY  OF THE AIR  fORCE PE:RSONNEL  COUNCIL AIR FORCE DISCHARGE REYJEW BOARD
153 COMMAND DR, EE'VING, 3RD FLOOR
A1'lDREWS AFB, MD Z076?- 7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUJVJB   R

FD-2004-00464	

GENERAL: The applicant appeals for upgrade of discharge to honorable and 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.

ISSUES: The records indicated the applicant received an Article 15, three Letters of Reprimand,  two Records of Individual Connseling, two Memorandums for Record, and two  Air Education  and  Training Form 34l s. His misconduct included playing a Gameboy during mandatory stndy time, Phase I violation, failure to go and sleeping in class on multiple occasions, and cursing in front of the commander. Applicant now notes he made mistakes while in the service, but has learned from them. The Board noted he was age 17 to 19 when his misconduct occurred, essentially the same age as other airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not know right from wrong. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board conclnded 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.

The applicant noted his desire to return to military service.  While the Board commends the applicant on this aspiration, it is not a matter of equity or propriety with regard to his discharge and does not provide a basis that warrants an upgrade.

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