x

x

x

A67.00

2

APPLICATION FOR REVIEW OF DISCHARGE

3

LETTER OF NOTIFICATION

4

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

MEMBERS SITTING

x

-IS-S-U-E-S-------------------------------INDEX                NUMBER
A94.53, A94.05, A93.09

1	ORDER APPOINTING THE BOARD

HEARING DATE
02-08-07

CASE NUMBER
FD2002-0087

BRIEF OF PERSONNEL FILE COUNSEL"S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUB1-0.TIED AT Til\1E OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance withlwithout counsel. DD Form 149 submitted. The case will be forwarded to the AFBCMR for further processing.

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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIE\.r BOARD
-- ....,· ,,RD ,-,, '""n

CASE 1''UMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE       FD2002-0087

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change his reenlistment code.

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, change of reason and authority for discharge, and change of reenlistment code are denied.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for misconduct.  He had an Article 15 for failure to go and for dereliction of duty due to failure to follow instructions from his supervisor thus causing a customer product interruption. Member had no Enlisted Performance Reports. Member was seen at the Mental Health clinic and acknowledged he had had some problems, especially with finances, since entering the Air Force. He was diagnosed with a "phase of life problem" at that time. Member's discharge file was unavailable to the Board for review, therefore the Board was unable to ascertain if there was other misconduct on member's part, or additional bases for the discharge. The board also could not determine if member consulted counsel or submitted statements on his own behalf at the time of the discharge. When requested to provide any pertinent information he may have about the discharge file or his record of service, applicant failed to respond to the request. Lacking evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis for an upgrade. No inequity or impropriety could be found in this discharge in the course of the records review.

If the applicant can provide information about his discharge, and documented evidence to substantiate an issue, he should consider exercising his right to a personal appearance hearing, and be prepared to present the Board with evidence of an inequity or impropriety as well as any exemplary post-service accomplishments and contributions to the community.

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.