AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

PERSONAL. APPEARANCE	X   RECORD REVIEW
COUNSEL	NAME OF COUNSEL  AND OR ORGA!lllZATION	AIJIJRESS ANO OR ORGANIZATION OF COUNSEL
'  YES	NO
x

MEMBERS  SITTING	HON	G1£N

VOTE OF THE BOARD

UOTHC

OTHER

DENY
x
x
•	X
x
. x

ISSUES
A94.05

HEARING DATE
21 FEB 03

INIJEX NUMBER
A94.05

CASE NUMBER
FD2002-0335

EXHIBITS SUIJMITTED TO THE BOARO
1	ORDER APPOINTING THE BOARD
•	2	APPLICATION  FOR REVIEW OF DISCHARGE	• 1
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 HEAR I NG
Al'PLlCANT'S ISSUE AND THE llOARD'S DECISIONAi.. RATIONAL AlUl PtSCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a persona l appearance with/without  counsel, and the right to submit an application to the AFBCMR.

		
DATE: 21 FEB 03	
TO:	SAF/MIBR
550 C STREET WEST, SUITE 40	FROM:
SECRETARY OF THE AIR I-'ORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD	
RAN DOLPH AFB, TX 78150-4742	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

FD02-0335	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change the 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:  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 contends that his discharge was too harsh and states that the JAG and his  unit commander believed that he lied about what his plans were for his terminal leave. He also believes that he was wrongfully accused of malingering and making a false official statement. He concludes that he would like to be  able to reenter  the  Air  Force to complete the term  for which he  signed up  for.   The record
indicates the applicant received an Article 15 for making a false official statement and feigning a headache
for the purpose of avoiding his duties. He also received four Letters of Counseling for failure to go, failure to wear proper safety protection, a traffic citation for driving on an a expired license and having no proof of insurance, and failure to show up for roll call; a Letter of Admonishment for failure to follow orders, and a Letter of Reprimand for failure to go. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge. The characterization of the applicant's discharge was appropriate due to the misconduct.

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive req uirements 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