'"I·

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

PERSONAL  APPEARANCE

-X   RECORD REVIEW

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

TYPE
GEN

NAME Of COUNSEL ANl> OR ORGANIZATION

ADDRESS AND OR ORGANIZATION Of COUNSEL

MEMBERS SITTING

-----

--

ISSUES	INDEX NUMBER
A94.05, A93.19, A92.35	A67.10

x x x x x
·
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING  DATE
03-01-03

CASE NUMBER
FD2002-0298

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 and 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 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
I 535 COMMAN D 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

FD2002 0298	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of discharge is denied.
The Board finds that neither the evidence of record or that provided by the applicant substantiates an impropriety or inequity that would justify an upgrade of the discharge to honorable.

Issues. Applicant was discharged for minor disciplinary infractions. He had two Articles 15, two letters of reprimand (LORs), and an unfavorable information file. His misconduct included two instances of sleeping on post, driving drunk and recklessly, and failure to follow written instructions. There were also two memos for record documenting housing inspection failures and failure to tum in his alert A bag when required. At the time of the offenses, in reply to his first Article 15, member admitted he committed the offense of sleeping on post and requested a suspended punishment and extra duty due to financial concerns, a request that was granted. For his second Article 15, the DWI, his blood alcohol content was .17, and he again admitted he committed the offense, had no excuses, and offered an apology. Applicant now contends be made one mistake in 3 years of service, that being drinking and driving. He fails to mention however the other offenses he committed. At the time of the discharge, member consulted counsel and submitted a statement in his own behalf requesting an honorable discharge. The Board noted member was counseled several times in an effort to help him correct his deficiencies, and had multiple opportunities to improve his behavior but failed to respond to those rehabilitative efforts. The Board further noted that member was the same age as other ainnen who had adhered to the standards when his misconduct occurred, and he knew right from wrong. He was responsible for his actions, and therefore was held accountable for them. No inequity or impropriety was found in this discharge in the course of the records review.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. While the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of equity or propriety that warrants an upgrade.

CONCLUSIONS: The Discharge Review Board concJudes 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