PERSONAL  APPEARANCE
NAM;OF COUNSEL AND OR ORGANIZATION

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x

--·--,·,---------

x x x x

HEARING DATE
22 AUG 02

INDEX NUMBER
A67.10

.. CASE NUMBER
FD2002-0132

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REV1EW OF DISCHARGE
3	LETTER OF NOTIFICATION
OF PERSONNEL FILE

REMARKS
Case hear·d at Washington, D.C.

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

SAF/MIBR
550 C STREET WEST, SUITE 40
R ANDOLPH  AFB, TX 78150-4742

SECRETARY OF THE AlR FORCE PERSONNEL COUNCii. AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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 RATlONALE	CASE NUMBER

FD02-0132	

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 find s that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUE: Appl icant contends discharge was inequitable because it was too harsh in that he had to put up with prejud ice and racial remarks. 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 an Articl e 15 for drinking under age and for failure to remain in his room on telephone standby. Also, the applicant received three Letters of Reprimand for Assault and underage drinking and one Letter of Counseling for failing a dormitory inspection. In addition, the applicant received two Records oflndividual Counsel ing for failure to follow directions and for being late to work. The DRB opined that through these administ rative 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 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief