PERSONAL  APPEARANCE	X  RECORD REVIEW

NAME OF COUNSEL AND OR ORG.-'\NIZATION

ADDRESS AND OR ORGA-....IZATION  OF COUNSEL

MEMBERS SITTING
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x x x x

ISSUES

INDEX NUMBER

A94.05	A67. 10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
J	LETTER OF NOTIFICATION

HEARING DATE
26 JUI 02

CASE NUMBER
FD2002-0103

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TUvIB OF
PERSONAL .!\PPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
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.

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TO:

SAF/l\.1IBR
550 C STREET WEST, SlJITE 40

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
'"""" "'r..>. n.  ...,.·r. r.n  'Cl:' nrn,1r... -iRD J:;"T flflD

CASE NUMBER

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	FD02-0! 03

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh and that he was to get his life in order and attend school. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated the applicant received two Article 15's for failing to report back to his duty station and for being absent from his place of duty. In addition, the applicant received one Letter of Reprimand for having an unauthorized visitor in base housi ng, three Letters of Counseling for cheating on a test, failure  to go and being disrespectful to a noncommissioned officer, and two Records of Individual Counseling for dereliction of duty and failure to complete his CDCs. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his  negative behavior. The Board concluded the misconduct was a significant departure from conduct expected of all military members and 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 proced ural 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