..........

AIR FORCE DISCHA RG E REVIEW  BOARD HEARING RECORD
NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE l'llTIAL)	GRA DE	AFSN/SSAN
AB	·
TYPE  GEN	1	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
,CQUNEl.	NAME 0.1' COUNSEL A ND OR ORGA IZATION	ADDRESS A!\D OR ORGANIZATJON OF COl:NSEL
\'ES	'"
x

MEMBER SITTING

'-':_

.•  . ·VOTE OF THE BoARI)	.·
····	···---'---

HON	GEN	UOTHC	OTHER	DEN Y
x x x
x x
ISSUES	A93.0l	INDEX Nl:MBER	A67.IO	<•.	.          EXIJ)ilT$SlJBMITIED/l'J)  'l'J!t.BaAnll
A93.09	l	ORDER APPOlNTING  THE BOARD 	
2	APPLICATION FOR REVJE\V OF DISCHARGE
3	LETTER OF NOTIFICATIUN
4	BRIEF OF PERSONNEL FI LE	 	  	 COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HK.I. RI NG OATE	CASE NUMBER

21 Jul 2005	FD-2005-00039
APPLICANT' JSSUE AND.THE' BOA!W'S.DEClSJONAL RATIONAL ARR•})'JSCUSSED:0J·J"I1'ffi i\1ITACl;IEQ·AIR. fQRCED:lSCHARGE •REVIEW BO'ARD-DECISlONAL RATIONALE
.	.   -. -    '"    :	.-----.  " " • :	.  . · .•   _.	•>_,	'·  . -- >--->-- '> ·:--:-:  ;.	' ".- :.·	. •-_- ,- -. -•·.·  " >''<.: .  .  :..·	.	. ... ·:_ .:
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 ri ght to submit an application to the A FBCMR.

Names and votes will be made available to the applicant at the applicant's req uest.

(	/1

·..	);iii

....=. .

- - -  _.:;:!'(-''"	< .   ,.	•<;·  . .. .	••· •' .. • •i"l>ATii' 712l/2005	.

·······	. .	..	"'>: ·-   <,· "-. ",,"-.       - :<·  ·.co:·,, < •	.
TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNt: L COllNCIL
AIR FORCE DISCHARGE  REVIEW BOARD
550 C STREET WEST. SUITE 40	1535 COMMAND DR, EE'Vlt'<G, 3RD FLOOR
RANDOLPH AFB. TX 78150-4742	ANDRE\\"S AFB, MD 20762-701}2

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE :'\lUMBER

FD-2005-00039	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 does not contest his discharge. He states that he was immature and selfish, had a hard time adjusting to military life and would like to get a job on a military installation. The records indicated the applicant received an Article 15 for maki ng an unofficial toll call on a government phone. In addition, he received one Letter of Reprimand and six Records of Individual Counseling for failure to progress in his CDCs and poor duty performance. The ORB 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. If he should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the ORB 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.

Jn 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