YF.S	NO		
	x		

MEMBERS SITTING	

A. KM.;URD REVIEW
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ISSUES
A94.05

HEARING OATJ(
21 AUG 02

INDEX NUMBER
A67.90

CASENUMJJER
FD2002-0076

DENY
x x x x
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1	ORDER APPOINTING THE BQARD
2	APPLlcATIONl-URREVIEWOFDIScHARCiE	_
3	LE1TER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADD!TJONAL  EXHIBITS  SUBMITTED AT   Tl!vlli OF
PERSONAL Al'PEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

IARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance, and the tight to submit an application to
the AFBCMR.

SAf/fvllBR
550 C STREET WEST, SUITE 40 RAJ>JDOLPH AFB, TX 78150-4742

SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL AJR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FUX. 1R
AJ\TDREWS AFB, MD W762-7002

AFHQ FORM 0-2077,JAN 00	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FDOZ-0076	

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 to 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 believes his discharge was too harsh in that his supervisor provoked most of the misbehavior. The record indicates the applicant received an Article 15 for being disrespectful in language toward a SMSgt and for being derelict in the performance of his duties for failure to clean the inside and engine compartment of a vehicle.  In addition, he received four Letters of Reprimand for being disrespectful to a SNCO, failing a dormitory room inspection and disobeying a lawful order, and, six Letters of Counseling for failure to go, disobeying lawful orders, uniform violation and being  disrespectful  to  an NCO. The applicant  had several different supervisors and was not unfairly discharged. 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  No inequity or impropriety in hi s discharge was suggested or found in the course of the records review. His misconduct was a significant depaiture from conduct expected of all military members. The Board conclud ed that the character and reason for discharge were appropriate due to his 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.

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