AIR FORCE DISCHARGE  REVJEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

-	Jmlfl!Bf ll
PERSONAL  APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x

A92.37, A67.05, A 94.53	A67.90	1	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE ER OF NOTIFICATION

Hl:ARING DATE
lO JUN 03

CASE NUMBER
FDlOOl-0546

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

Case heard at Washington, 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.

SAF/MIBR
550 C STREET WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742

AFHQ FORM 0...2077, JAN 00

FROM:

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
l S3S COMMAND DR, EE WING, 31W FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0546	

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 misconduct, conduct prejudicial to good order and discipline.  He had six Letters of Reprimand, three Records oflndividual Counseling, and an Article  15.  His misconduct included two instances of failure to obey lawful orders, two incidents of dereliction of duty, at least two instances of failure to maintain his uniforms and personal hygiene standards, failure to go, failing to follow government vehicle operating instructions resulting in an accident, violating the base visitor sponsorship policy, providing alcoholic beverages to another airman who was under the legal drinking age, and  soliciting that airman to make a false statement.  He also had an Enlisted Performance Report rated an overall referral "1"wherein five of seven front side evaluation areas were marked in the lowest possible blocks.  Member's misbehavior and substandard performance were thoroughly documented in the record.
The Board noted that when his misconduct occurred, member was age 21 to 22 and there was no evidence  · he did not know right from wrong, so he was held accountable for his actions.  Although given many opportunities to correct or improve his behavior, he was unable or unwilling to do so.  At the time of the discharge, member waived his right to consult counsel or to submit a statement in his own behalf.  The record review offered no basis to substantiate an upgrade to his discharge characterization.  The Board  could find no wrongful action by the Air Force, nor an inequity or impropriety.

CONCLUSIONS: The Discharge Review Board concludes that the discharge  was essentially 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