AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

-GRADE	AFSNISSAN

PERSONAL  APPEARANCE	X    RECORD REVIEW

!    YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS  SITTING	HON

GEN

VOTE OF THE BOARD

UOTHC

OTHER	DENY
x x x
x
x

HEARING DATE
5 NOV 02

INDEX NUMBER
A67.90

CASE NUMBER
FD2002-0154

1
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF Of PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
1'\11PLICANT'S!$SJ.re AND THE BO'S OECiSt()N,-U, RATIONAL ARSDISGU SED o 11IEAlTACHED AIR FORCE DISCHARGE! REVIEW BOARD DECISIONAL RA'flWAtE.

REMARKS
Case heard 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.

-
'

..

-		
	
TO:	SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AlR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE W!NG, 3RD FLOOR ANDREWS AFB, MD 20762-7002	

l	' '

-

INOORSEMENT	DATE:S; NOV  02

AFHQ FORM 0-2077, JAN 00	(EF-V2)

Previous edition will be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0154	

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 is not contesting the discharge. He admits he made some bad judgment calls in his finances and wants the Board to look at his whole career in the military. The record indicates the applicant received two Article 15's. The first one for assaulting another airman. The second one for uttering three checks for a total amount of $357.55. In addition, the applicant received a  Letter of Reprimand  for dereliction of duty. The DRB took note of the applicant's duty performance as documented by his performance reports and other  information contained in the record. 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 which were the basis for this case. The  Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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