•	AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
•	

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

JJRl l ±-'lm.flL·
TYPE

-GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X    RECORD REVIEW

q:IUNSEL	NAME OF COUNSEL AND OR ORGANIZATION
YES	NO
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OFTJ,IE llOA.l,U>' .
MEMBERS  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x x

ISSUES
A94.05

INDEX NUMBER
A67.50	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
18 DEC 02

CASE NUMBER
FD2002.0295

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

REMARKS
Case heard at Washington, D.C.

Advise applicant 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.

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

AFHQ FORM 0 2077, JAN 00	(EF·Y2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3"-° FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0295	

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the Reason for discharge and change the RE Code.

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.

ISSUE: The applicant contends his discharge was inequitable because it was too harsh in that he gave aid to the OSI pertaining to airmen using illegal drugs and due to his outstanding academic achievement. The records indicated the applicant received two Article l S's. The first one for being AWOL for 5 days, failure to remain in uniform and using a personal vehicle when he was not supposed to. The second one for failure to obey an order by wrongfully failing to return to and remain in his quarter's from 2300 to 0400. Also, he received four Letter's of Reprimand for violation of squadron policies and instructions by an NCO, making a false official statement, smoking in his room, and failure to report for physical conditioning, having an unsecured locker, failure to return to his dorm room after a weekend, sleeping in room while being absent for physical conditioning, and failure to obey an order or regulation. The Board reviewed the record and
concluded the conduct for which the applicant was discharged was a significant departure from the conduct expected of all military members.  This conduct was sufficiently egregious to characterize applicant's  service as under honorable conditions (general).  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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