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AIR    FORCE    DISCH_ITA_IAR_LG)  E_R_EV__IE_W_B_O_A_R_,_D_H_EA_R_JN_G__R_E_C_O_R_D	_J. I

TYPE GEN

I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW

•	 		COUNSEL       \..   NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

MEMBER SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

1
VOTE  OF TIIE BOARD	1
1	-	- ·-----------, -- - -----

HON

GEN	UOTHC	OTHER	ENY	I

ISSUES

A94.05

INDEX NUMBER

A67.JO

x x x
x
··•··	EXHlBlTSSUBMIT'fEDJi,pTH}!.!J()ARJ)

I	ORDER APPOINTING THE BOARD
1

2	APPLICATION  FOR  REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S  RELEASE  TO THE BOARD	I
---+- A=D=D Ir=10=NA- LE=x H=IB=1=r= s u=sM=1=rr=E=D A= T=1ME o=F-	- PERSONAL  APPEARANCE
TAPE R ECORDING  OF PERSONAL  APPEARANCE

HEARJNG DATE

CASE NUMBER

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.

.
I S"    ATURE	OARD PRESJDENlr
I

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 	\ D_A_T_E_._:. v_· Jl ._O O_·s·-·	-·.·· ··-

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78I 50-4742

I    FROM:

SECRETARY  OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMA ND DR, EE WING, JRD FLOOR 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-2004-004 79	

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 it was too harsh and it was an  isolated incident. The records indicated the applicant received three Article l 5s, the first one for writing bad checks, being drunk and disorderly and assault. The second one was for adultery and the third was for violating a no contact order. In addition, he received a Letter of Reprimand for financial irresponsibility. Although the applicant did not raise it as a contention, the Board did note an impropriety in the  processing  of the applicant's paperwork.   The commander improperly included a Record oflndividual Counseling and a Letter of Counseling that occurred prior to the service under review (the applicant reenlisted on 22 May 96) as among the bases for discharge which should not have been considered with regard to the applicant's characterization of service. However, after reviewing and  considering  the  total  evidence  of misconduct which was properly considered by the separation authority, the Board concluded this error was not prejudicial and therefore harmless, having no adverse impact on the outcome of the separation  authority 's decision.   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