AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME  OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X    RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION
YES	NO
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC

OTHER

DENY
x x x x x

ISSUES

INDEX NUMBER

EXHIBITS SUBMITTED TO THE BOARD·

A94.05

A47.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
18 DEC 02

CASE NUMBER
FD2002-0159

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 APPLICANT'S ISSUE AND THE B()ARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHilD AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
REMARKS
Case heard at Washington, D.C.

Advise applica nt 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.

TO:

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

FROM:

DATE:  18 DEC02

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 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 RATIONALE	CASE NUMBER

FD02-0159	

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: The applicant contends his discharge was inequitable because it was too harsh in that it was based on an isolated incident. The records indicated the applicant received a General Court Martial for dishonorably failing to pay just debts. The Board reviewed the record and concluded the conduct for which the applicant was discharged was a significant departure from the conduct expected of all military members. This conduct was sufficiently egregious to characterize applicant's service as under honorable conditions (general). The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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