AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE IN ITIAL)

TYPE
GEN	PERSONAL  APPEARANCI<:

X   RECORD REVIEW

l;:OUNSEL     ·
YES	NO
x

NAMf OF COUNSEL AND OR ORGANIZATION

M>DRfSS AND OR ORGANIZATION OF COUNSH.

MEMBERS SITTING

HON

GJ':N

VOTE OF THE BOAR»

UOTHC
x x x x x

HEARING OATE
03-01-08

A67.IO

CASE NUMIIER
FD2002-0308

1
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXIIlBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
:.SS;}!E    p rim BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE.REVIEW BOARD DECISIONAl'.'10. • ;,

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, and the right to a personal appearance with/without counsel.  DD Form 149 submitted. Advise applicant the case will be forwarded to the A:FBCMR for further processing.

SAF/M IBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS  AFB,  MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMRt:R

FD2002-0308	

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

The applicant was offered a personal appearance before the Discharge R eview Board 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 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.

Issues. Applicant was discharged for minor disciplinary infractions. lie had an Article 15, four Letters of Reprimand, and two Letters of Counseling. His misconduct included three  instances  of  failure  to  go, making a false official statement, writing bad checks, and dereliction of duty. At the time of the discharge, member consulted counsel and waived his right to submit a statement in his own behalf. At the time of Article 15, member admitted the dereliction of duty charge, although  he denied the false statement, and requested any reductions or forfeitures be suspended, which they were. Member was given several opportunities to correct his behavior but was either unwilling or unable to do so. The Board noted that member was the same age as other airmen who had adhered to the standards when his misconduct occurred, and he knew right from wrong. He was responsible for his actions, and therefore was held accountable for them.  No inequity or impropriety was found in this discharge in the course of the records review.

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