AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
·u:•n •PB ! 7	ILT
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW
, .· , ·..cou..EJ- ,'.: ·   NAME OF COUNSEL AND OR ORGANIZATION	AD[)RESS  ANO  OR  ORGANJZATION  OF COUNSEL
YES	No
x
VQ1E OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DEN Y
x x x x
.	x
 	---·   -		-· ·-

ISSUES

A94.05

INDEX NUMBER

A24.00

'	EXHIBITS .SUBMITTED TO THEBOARD
1	ORDER APPOINTING THE BOARD
2	APPLJCATI ON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL  FI LE COUNSEL'S  RELEASE TO TH E  BOARD
ADDITION AL EXHI BITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDfNG OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

07 Apr 2005	FD-2005-00047
1 _  APP1;o\Nr'.    LJ,E·F--	;:l)EC1:51?N '.TO}l"f	DISCUSSED ON_THE ATIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RAIION;\.LE ·
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

'

''':</ .	,,.,,,_ _ _.--- !	INl>ORSEMENT	'	DATE:  4/ll/2005
TO:	FROM:

SAFIMRBR

SECftETARY OF THE AIR FORCE PERSONN EL COU NCIL
AIR tORCE DISCHARGE  REVIEW BOARD
550 C STR E ET WEST. SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 781 50-4742	ANDREWS AfB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF·V2)	Previous ed ition \V ill be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00047	

GENERAL:	The  applicant  appeals  for upgrade  of  discharge  to  honorable  and  change the  reason  and authority for the discharge.

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 and change of reason and authority for 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 states that an independent investigation of the allegations made by the Air Force was made by the Florida Board of Nursing and that the case was closed without finding of probable cause.  He further states that he has been employed as a critical care registered nurse since his separation and would like his discharge upgraded to Honorable.  The records ind icated the applicant received a Letter of Reprimand
and an Unfavorable Information File for failure to go, a Letter of Counseling for dereliction of duty; and a Letter of Admonishment for dereliction of duty and an improper discussion of his pandering activities.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  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 administrati ve 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