AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

X PERSONAL APPEARANCE	RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

x

MEMBERS SITTING
x x x x

ISSUES

INDEX NUMBER

A92.0l	A67.30

1	ORDER APPOINTING TIIE B ARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
2	
HEARING DATE
3 IDN 03

CASE NUMBER
FD2002..0073

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITTONAL EXHIBITS SUBMfITED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case beard at Scott AFB, Illinois.

Advise applicant of the decision of the Board and the right to submitt an application to the AFBCMR.

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, 3w 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	CASE NUMBER

FD2002-0073	

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge, and to change the RE Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: l}pgr_ade of discharge to Honorable is denied as well as a change in Reason and Authority and a change to the RE Code.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an impropriety or inequity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct - Commission of a Serious Offense. Applicant received a Special Court Martial for failure to obey a lawful written order, being willfully derelict in the performance of his duties, wrongfully endeavor to impede an investigation of himself and others, and with intent to deceive, make a false official record. Applicant admits that he made a mistake but that he excelled above his peers while serving in the Air Force. The DRB took note of the applicant's duty performance as documented by his performance reports and other information contained in the records. They found the  seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons that were the basis for this case. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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.

Attachment: Examiner's Brief