AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE
NAME 011 COUNSEL AND OR Ol«>ANIZATtON

MEMBERS SITTING

AFSN/SSAN

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x
x
x

ISSUES
A94.53, A92.37

INDEX NUMBER
A67.SO

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
1	
..EA.IUNG.,D,,.A"T" E -- ----+-C;'A7;So;E;0-N-: UMBER   ----------t-,...-	F OF PERSONNEL FILE
26 JUN 03	FD2002-0541

Case heard at Washington, D.C.

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

SAF/MIBR
550 C STREE 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 0.2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	Ct\SE NUMBER

FD2002-0541	

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 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 a pattern of misconduct. He had an  Article 15, a vacation of suspended punishment, five Letters of Counseling, a traffic ticket, two Letters of Reprimand, several verbal counselings, an Unfavorable Information File, one Enlisted Performance Report that was rated an overall "3,"and was placed on the Control Roster. His misconduct occurred over an 18-month period and included failure to go or being late for duty five times, two instances of failure to obey a lawful order, speeding and driving an unregistered  vehicle without insurance, improper government computer use, and making a false official statement. At that time, the Noncommissioned Officer in Charge of member's duty section noted that including verbal counselings, member had had 14 separate opportunities to improve his behavior, and his continued presence was having a negative impact on eight "highly impressionable peers."  At the time of the discharge, member consulted counsel and requested an extension in order to submit statements in his own behalf, but failed to do so. The Board noted that member was age 19 to 20 when his offenses occurred, the same age as other airmen who adhere to standards. He was counseled repeatedly in an effort to help him correct his deficiencies. In spite of those rehabilitative efforts, he was unwilling or unable to improve his behavior. The Board concluded applicant knew right from wrong and 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