AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL}

PERSONAL  APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING	HON	GEN

VOTE OF TRE BOARD

DENY
x x x x x

ISSUES
A93.09

HEARING DATE
4 NOV 02

INDEX NUMBER
A67. 10

CASE NUMBER
FD2002·0098

EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOfNTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

APPLICANT'S ISSUE' AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATT

APPERANCE HEARING

REMARKS
Case hea rd at Washington, D.C.

Advise applicant of the decision of the Boa rd, and the right to submit an application to the AFBCMR.

SIGNATURE OF RECORDER

t-... .......	- -

TO:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

INDORSEMENT	DATE: 4 NOV 02
FROM:
SECRETARY OF THE AIR FORCE PERSONN EL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EFN2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD02-0098	

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 by failing to show at her appointed time. The case was reviewed as a non-personal appearance.

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 does not contest her discharge, she only desires that her discharge be reviewed and upgraded. The record indicates the applicant received an Article 15 for writing a bad check. In addition, she received four Letters of Reprimand for a civil arrest for writing a bad check, failure to obey a lawful order, failure to pay just debts, and failure to go. And, a Letter of Counseling, a verbal counseling, and a Memorandum for Record for failure to pay just debts (twice), and failure to go. The DRB took note of the applicant's duty performance as documented by her performance 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. No inequity or impropriety in her discharge was suggested or found in the course of the records review. Her misconduct was a significant departure from conduct expected of all military members. The Board concluded that the character and reason for discharge were appropriate due to her 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