TYPE

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

·----- ··------ ··----- ··----- ··-----·
ISSUES	INDEX NUMBER

OTHER
x x x x x

A95.00	A67. 10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIE\V OF DISCHARGE

HEARING DATE
26 JUI 02

CASE NUMBER
FD2002-0139

3	LETTER OF NOTIFICATIO"i
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

•

ADDITIONAL EXHIBITS SC:BlvilTIED AT Tllvffi OF
PERSONAL  APPEARANCE

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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AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

CASE i\'1Ji\1BER

FD02-0! 39

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 the applicant submitted no issues contesting the equity or propriety of the discharge,  and after a thorough review of the record, the Board was able to ident ify none that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  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 applicant received three Records oflndividual Counseling for being financially delinquent, late to work and missed appointments, and reckless driving.  In addition, he also received a letter from the First Sgt for failure to pay just debts, a DECA Form for writing a bad check, and a Memo For Record for a DUI offense.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change hi s negative/repetitive behavior.   The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or
inequity in this case on which to base an upgrade of discharge.  If the applicant can provide addit ional documented information to substantiate his case, the applicant should consider exercising hi s right to make a personal appearance before the Board.  If he should choose to exercise his right to a personal appearance
hearing, the applicant should be prepared to provide the Board with factual evidence of the inequity and any exemplary post-service accomplishments as well as any 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.

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.