AIR FORCE DISCHARGE REVIEW BO

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A95.00

A67.10

HEARING DATE
3 FEB 03

CASE NUMBER
F02002-0269

APPLICANTS ISSUE ANU THE BOARD'S [) ClSIONAL
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Case heard at Travis AFB, California.

Advise applicant of the decision of t he Board and the right to subm itt an application to the AFBCMR.

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SA F!M!HR
550 C STR HT WEST, SU ITE 40

FROM:

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SF.CRET··· AR or TH. E- AIR FORCE PERSO.NNEL COU AIR   FORCE  DISCI IARGE REVJFW  BOARD

CILJ

RANDOLPH MU, TX 78150-4i42

1 535 COMMAND DR. FF WING, 31

FLOOR

AfiHQ FORM 0-2077, JAN 00

ANDREWS AFB, MD 20762-7002
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AIR FORCE DISCHARGE REVIEW BOARD DECISI ON A L RATIONALE	CASE Nl:MllEH.

FD2002-0269	

GENERAi_,,:  The appl icant appeals for upgrade of discharge to Honorabl e.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Travis AFB, CA on February 3, 2003.  The following additional exhibits were submitted at the hearing:

Exhibit 5:  Applicant's content ions.

The attached brief contains available perti nent data on the applicant and the factors leading to the discharge.

FI N DINGS:   Upgrade of discharge to Honorable is denied.

The Board finds that neither the evidence of record or that provided by the appl icant substantiates an impropriety or inequity that woul d justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Miscond uct Minor Discipl inary Infractions. The member does not contest the discharge, he merely states that he would like his discharge upgraded in order to receive the GI Bill. The Board reviewed the entire record, and considered the applicant's testimony hut found no evidence of impropriety or ineq uity in this case on which to base an upgrade of discharge. The records indicated the applicant received an Article 15 for failure to go. He.also received eight Letters of Reprimand, one Record of Individual Counseling, and one Memorandum for Record for the following: Traffic violation and wi l lfully d isobeying driving probation, failure to go (three times), missed appointment, fai lure to keep dorm room clean, not shaving and failure to obey a lawful order, late for duty ( twice), and dereliction of duty.

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 ORB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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 fr1regoing findings the board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's d ischarge should not be changed.

Attachment: Examiner's Brief