AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

x

ADDRESS AND OR ORGANIZATION OF

MEMBERS SITTING

VOTE OR THE BOARD
HON	GEN	UOTllC	onnm

Dt:NY
x x x x
x

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INDEX Nt:MDER	EXHIBITS SUBMITTEO TO THl1 BOARD
A49.00	1	ORDER APPOINTI NG THE BOARD
2	PPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	

HEARING l>ATE
7 JAN 03

CASE NUMBER
FD2002-0314

4		BRIEF OF PERSON N t'.L l'ILE COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXHIBITS SUHM ITTED AT  TIME OF PERSONAL APl'fiARANCE
TAPE RECOR DI NG or PERSONAL APPERANEE HEARING

APPLlCANT'S ISSUE AND THE BOARD'!IEIECISlONAL  RATIONAL ARE DISCUSSED Of\ THE ATIACHED AIR FORCE l)!SCHARGE REVIEW HOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

SAF/MlBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AI R FORCE PERSONN EL COU NCI L
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3Rn FLOOR ANDREWS AFR, MIJ 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed ition wi ll be used.

	
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	
FD02-0314	

GENERAL: The applicant appeals for a Change in Reason and Authority for Discharge, and to 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: Change in Reason and Authority for Discharge along with a change in the RE Code 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: Applicant contends that his discharge was too harsh in that he heard a rumor that if you fail out of school, you get "reclassed" to another job. He also states that he was "young and dumb" and made the worst mistake of his life. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base a change in reason and authority for discharge, or to change the RE Code. The records indicate the applicant was discharged, Honorably, for having a repeated history of unsatisfactory academic and military performance. The record also indicates that the member was afforded every opportunity to progress and that his commander at that time stated the he does not believe the applicant possessed the desire and motivation needed to succeed. Airmen are subject to discharge for unsatisfactory performance based on documented failure to meet Air Force standards. Also, the DRB recognized the applicant was 20 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older then the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The Board concluded that the characterization, reason and authority of the applicant's discharge were appropriate due to the unsatisfactory academic and military performance.

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 eq uitable basis for change in reason and authority for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief