AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SF.RVICE MEMBER (LAST, HRST MIDDLE INITIAL)

Ill t

-GRADE	AFSN/SSAN 	

TYPE

PERSONAL  APPEARANCE	X   RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	NO
:  X

VOTE Of THE BOARD

HON	GEN

UOTHC

OTllER

DENY
x x x
x
x

INl>F.:X NUMBER

EXHIBITS SUBMITTED TO THE BOARD

A67.IO	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE

CASE NUMBER
4	
BRIEF OF PERSONNEL FILE
2	
5	NOV 02

FD2002-0264	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEAR ING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Wash ington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance, and the right to submit an application to the AFBCMR.

SIGNATURE OF RECOR.DER

r

, '
--

lNDORSEMENT	DATE:5   NOV 02

TO:	FROM:
SAf/MIBR
SSO C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

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

FD02-0264	

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 received three Article  15's, one for entering a dormitory living quarters of a female, one for driving while         drunk, and the third one for operating a vehicle when to1d not to.  He also received a Letter of Reprimand for having sexual intercourse with a woman not his wife.  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 ful1 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