AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

PERSONAL  APPEARANCE	X   RECORD REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	NO
x

MEMBERS SITTING

HON	GEN

VOTE OF THE BOARD

UOTHC

OTHER

DENY
x x x x x

ISSUES
•.    A94.05

HEARING DATE
7 JAN 03

INDEX NUMBER
A67.10

CASE NUMBER
FD2002-0329

EXHIBITS SUBMITTED TO THE BOARD
1	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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S JSSuE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case hea rd at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appeara nce with/without cou nsel, and the right to submit an application to the AFBCMR.

GNATU

REC

- ---	=	. ·-

SI	RE OF	ORDER

--	-
INDORSEMENT

TO:

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
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

FD02-0329	

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

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: Applicant does not contest his discharge. He merely states that he did not have a great enlistment and his short career was plagued with negativity and bad decisions. He now believes his life has changed a great deal since all of the negativity and he is now married and has a son. The record indicates the applicant received two Article 15's. The first one for consuming alcohol while underage, wrongfully possessing a military identification  card and then wrongfully disposing of that card by cutting it up and putting it in a dumpster. The second one for disobeying a lawful order to not drive his vehicle anywhere on Eglin AFB for two years. In addition, he also received three Letters of Reprimand for failure to go, failure to tum in a volume of his CDCs, and receiving a speeding ticket while  driving on a suspended license. The Board opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior.  The Board found no evidence of any inequity or impropriety on which to base a decision 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.

Inview 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