AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE JNITIAL)

-GRADE

AFSN/SSAN

PERSONAL  APPEARANCE

X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

x

MEMBERS  SITTING	DENY
x x x x x

ISSUES
A95.00

HEARING DATE
20 DEC 02

INDEX NUMBER
A67. 10

CASE NUMBER
FD20020259

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
APPL! ANT'S JSSVE ANO THE MARD'S D.ECISlONAL RATIONAL;ARE D!SCl)SSEI> ONTIIE ATIACJlED AIR FOltCEti!SI	GE   REVIEWBOAlUlDECISlONi"ilHlATIONA)::S.

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: 20 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	2077, JAN 00	(EF-V2)

Previous edition will be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD02-0259	

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 received three Letters of Reprimand, and five Letters of Counseling for failure to obey an order, sleeping on duty, violation of appearance standards, failure to go, unauthorized driving on base and parking in the commander's parking space, violation of posted curfew, unprofessional conduct and violation of dress standards.  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