AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

I  NAME OF SERVICE  MEMBER (LAST, FIRST MIDDLE INITIAi,)

TYPE

-GRADE

PERSONAL

APPEARANCE

X   RECORD REVIEW

COUNSEL
YES

NAME OF COUNSEL AND OR ORGANIZATION	DRESS AND OR ORGANIZATION OF COUl'SEL

MEMBERS SITTING

l!ON

GEN

VOTE OF THE BOARD

UOTHC

OTHER	Of.NY
x x x x x

INDEX NUMBER

EXHIBJTS SUBMITTED  TO nu:BOARD

A67.90	I ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
23 OCT 02

CASE NUMBER
FD2002-0223

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARTNG
APPUCANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATIACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATJONALE

REMARKS
Case hea rd at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appea rance, and the right to submit an ap plication to the AFBCMR.

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781504742

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

SECRETARY OF THE AI R FORCE PERSONNEL COUNCI L AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAN D DR, EE WING, 3Ro FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0223	

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.

The applicant's issues are listed in the attached brief.

ISSUE:  The applicant does not contest the discharge; he states that because of personal problems, going through a depression that had been with him for many years, is the reason he was discharged.  The records  in this case are missing.  However, the applicant states that he did receive a Letter of Reprimand and several Letters of Counseling.  His medical records, which are available, indicate the applicant received a speeding ticket, a ticket for inattentive driving and was on the Weight Management Program.  He also was seen in mental health for an evaluation after allegedly making a comment about hurting coworkers and supervisors at work, twice. Ifthe applicant can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide
the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well an
any contributions to the community.  Otherwise, the DRB has to go with the presumption of regularity.
This means when the military takes an action, it is deemed to be a good and proper action.  The burden of proof lies with the applicant to convince the members of the Board that their discharge should be something other than what it is, and in doing so, overcome the presumption of regularity.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization  of the discharge received by the applicant was found to be appropriate.

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 or change the reason for discharge, thus the applicant's discharge should not be changed.	
Examiner's Brief	

Attachment: