AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN

PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITTING

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATIQN OF COUNSEL

x x x

HEARING DATE
03-01-03

CASE NUMBER
FD2002-0300

I ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDmONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING  OF PERSONAL APPERANCE HEARING

RKS
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.

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

FD2002-0300	

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 misconduct, commission of a serious offense. Member, who was a Security Forces specialist, received an Article 15 for failure to report information of alleged Uniform Code of Military Justice violations by another SF member, and for possessing an expired Armed Forces ID card. Applicant contends he had inadequate representation, and that another SF member with similar offenses was allowed to keep his grade and cross-train. The board noted that member was recommended for an Under Other Than Honorable Conditions (UOTHC) discharge and after consulting his military defense counsel, submitted a waiver to his right to an administrative board hearing conditioned upon receipt of no less than an under honorable conditions (general) discharge. His conditional waiver was accepted and a general discharge was issued pursuant to his request. The Board concluded member's misconduct was an extremely significant departure from conduct expected of all military members, and not compatible with Air Force standards. In fact, for Security Forces (SF) personnel, failure to report potential crimes of other military members is one of the worst forms of dereliction of duty an SF member can commit. The record review indicated that member had more than just knowledge of the alleged offenses of the other SF member, which involved a minor dependent daughter of yet a third SF member, but was possibly in some way further implicated in the offenses, the degree to which the Board could not ascertain.  The Board could find nothing in the record to substantiate applicant's contentions. The Board could find no inequity or impropriety on which to suggest a basis to upgrade the 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