AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

TYPE

AIC

PERSONAL  APPEARANCE	X   RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION
YES	NO
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS  SITTING

HON

GEN

VOTE OF THE BOARD

UOTHC

OTHER

DENY
x x x x x

HEARING DATE
26 FEB 03

JNDE)( NUMBER
A49.00

CASE NUMBER
FD2002-0369

EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXHIBITS  SUBMITTED AT  TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
·APPLIC,\J>lT'SISSUE AND THE BOARD'S DECISIONAL il,ATIONAL.;\RE D.ISCUSSED oNTHE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case hea rd at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appea ra nce with/without counsel, and the right to submit an application to the AFBCMR.

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

AFHQ FORM 0-2077, JAN 00

FROM:

(EF-V2)

DATE:  26 FEB03

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 NUMBER

FD02-0369	

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 the available pertinent data on the applicant and the factors leading to the discharge.

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, which would justify a change of discharge.

ISSUE:  The applicant does not contest the discharge; he states his discharge was based on the failure of a test and an isolated instance of personal stupidity, which resulted in a DUI.  The records indicated the applicant received a General Discharge for Unsatisfactory Performance.  In addition to failing his end of course examinations twice; he also received four Letters of Reprimand, two Letters of Counseling, three Memorandums for Record, and an off-base speeding ticket.  The DRB found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the several instances of misconduct were a significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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