AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME O:F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
\

GRADE

AB

PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANlZATION

X   RECORD REVIEW
ADl'.IHSS AND OR ORGANlZATION OF COUNSEL

MEMBERS SITTING

2

3

4

BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

A94.53,A92.21

INllliX NUMBER
A67.30

1	ORDER APPOINTING THE BOARD
APPLICATION  FOR REVIEW OF DISCHARGE

LETfER OF NOTIFICATION

HEARING DATE	SE NUMBER
06 NOV 02	FD2000...0105

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Applicant did not show fo.- scheduled PA.

Case heard at Andrews AFB, MD

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR.

SAF/MIBR
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.

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AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD2002-0105	

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

The applicant did not show for his schedule personal appearance before the Discharge Review Board (Board) and his case was considered by records review.

FINDINGS: Upgrade of discharge is denied.

The Board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUES:  The applicant's issues are listed in the attached brief.  He contends that his discharge was improper because at the time of his discharge he had not exhausted all appeals of his court martial  conviction, however, the day prior to the scheduled Board hearing the Supreme Court denied his petition for a writ of certiorari.  The United States Court of Appeals for the Anned Forces had denied his appeal and upheld his court martial conviction.  The applicant received 3 memos for record, 3 Letters of Reprimand,  and 2 Article  15's for a variety of instances of misconduct including failure to go, disobeying orders, failure to comply with training phase curfew, drunk and disorderly, and threatening to kill Security Forces personnel.  He was convicted by Court Martial of drinking alcohol within eight hours of duty, drunk and disorderly, assault, and wrongfully distributing anabolic steroids (a Schedule III controlled substance).  He was sentenced to confinement for twelve months.  The applicant reports that since his discharge he has completed his college degree and was pursuing a new career.  The Board concluded that the good aspects of the applicant's military service and his post service accomplishment did not outweigh the negative aspects  of his serious and recurring misconduct.

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