TYPE

PERSONAL  APPEARANCE	X  RECORD REVIEW

NAME or COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION or COUNSEL

x x x x

DATE

CASENUMBER

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
LETTER  OFNOTJFICATION
4	BRIEF OF PERSONNEL FILE

31May 02

FD2002-0017	COUNSEL'S RELEASE TOTHE BOARD

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR

SAF/MIBR
5SO 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 OR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

I

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 tc 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.

The applicant's issues are listed in the attached brief.

ISSUE:  The applicant felt his discharge was too harsh because the discharge authority did not take any the evidence into consideration.  The record indicates the applicant received two Article	the first having an unprofessional relationship with a student where he was a member of the staff, and with intent tc deceive, made an	statement to a criminal investigator.  The second one was for failure to go at tht time prescribed and once there, was drunk while on duty.   In addition, the applicant received two Letters Counseling for failure in the Weight Management Program and a Letter of Counseling for an
absence.	The  record  clearly  indicates by  the  report  of  investigation  that  the  applicant  did  have  ar unprofessional relationship with a student and was guilty of the other charges against him.   The Boarc concluded the discharge was appropriate for the reasons that were the basis for this case.  No inequity impropriety in his discharge was suggested or found in the course of the records review.  His misconduci was a significant departure	conduct expected of all military members.  The Board concluded that character and reason for discharge were appropriate due to his

CONCLUSIONS;  The Discharge Review Board concludes that the		with the procedural and substantive requirements of the discharge	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 or change the reason for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief