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I	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

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ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING
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ISSUES
A94.05

HEARING DATE
6 MAY 03

INDEX NUMBER
A67.10

CASE NUMBER
FD2002-0373

.' >'.' \ '·   EXIUB.ITS SUBMlTtEO T0'1TBE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME OF PERSONAL APPEARANCE

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TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S lsSt;ll!•!HEJ'IOAI\P:S. DEClSIONAL RATIONAL ARE DISC\JS$ED ON THE ATTACHED AIR FORCE DISCHARGE.REVIEW BOARD DECISIONAt RATIQNALE
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REMARKS
Case heard at \Vashington, 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.

.lG4TQ.Q. C9!lP1t----------------------------------------J -I.5<. 1:1.!lU:9Y_Q DY.R.SJ T/.:_ _  -----------------
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SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

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

AFHQ FORM 02077, JAN 00	(EF-V2)	Previous edition will be used.

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE     FD2002-0373

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

The applicant was offered a personal appearance before the Discharge Review 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 that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify upgrade of the discharge.

Issue. Applicant was discharged for minor disciplinary infractions. Member received two Articles 15. His misconduct included making a false official statement and failure to pay debt. The applicant states his discharge was too harsh. However, this was not a matter of inequity or impropriety that would warrant an upgrade. Additionally, the Board noted member was the same age as other airmen who had adhered to standards when his misconduct occurred and he knew right from wrong. If he can provide additional documented infonnation to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the proced ural 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