AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSNISSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDltESS AND OR ORGANIZATION OF COUNSEL

x

MEMBERS SITTING

HON

GEN

VOTE OF THE BOARD

UOTHC

OTHER

DENY
x x x x x

ISSUES

INDEX NUMBER

EXHIBITS SUBMIJTED,TO. TH.E BOA

A95.00

A67. 10	l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFJCATION

HEARING DATE
19 DEC 02

CASE NUMBER
FD2002·0212

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 Tt!E llOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

SIGNATURE OF RECORDER
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TO:	INDORSEMENT	DATE: 19 DEC02	
	SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:
SECRETARY OF THE AlR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 311°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

FD02-0212	

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 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 identify 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 had three Letters of Reprimand for being late for work (twice) and for financial irresponsibility, a Letter of Counseling for failure to show up for work, a Letter of Admonishment for failure to report to work in the
proper uniform and required equipment and a Record of Individual Counseling for loss of gear, uniform and conduct not becoming of a security policeman.   The DRB opined that through these administrative actions, the applicant had ample opportunities to change his 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.

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