-	-

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM E OF SERVICE MEMBER  (LAST, FIRST MlDDLE  INITIAi.)	GRADE	AFSN/SSAN

L

:

TYPE
I	I

11 11111	•
PERSONAL  APPEARANCE	x RECORD REVIEW

I

c;OUNSfil,,	I NA1E OP COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF LUlJNt,L
YES	NO	:
x	!
I	:
!ii:>r u..·•:	<J'!'('..''''"THE  BOARD    ·	'.i:>
MEMBERS  SITTING	JION	GEN	UOTHC	OTB.ER	DENY

x
x x x x
ISSUES	INDEX   NUMBER	'T/· tti :\S; EXll IBJ1'SSUBMITTED TO THJ!l.BOA:alj:<i]1;;
A92.21	A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
r
3	LETrER OF NOTIFICATION
HEARING   DATE	CASE NUMBER	4	BRlEF OF PERSONNEL FILE
:   6 MAY 03	.FD2002-0340	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

E RECORrnNG OF PERSONAL APPERANCE HEARING

.·'·

A!!PLICANT'S JSSUE i\NQ :1ln\ BPARD'SDEC!SlONAL RATION ARE DISCUSSED 9J't:7.H):iA'!'f ACHED AlR	'"'
··.	.	..     .	.·.     .       •	.• .. +•··:, . /:'	<	):' :	:• . .fl:".+  :''.
REMARKS
Case heard at Washington, D.C.

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

BOARD:::x:s	,  _
(/:;{;n· Ji  ;}.-4
LIA F. BROWER, MS t, USAF

	

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 WTNG, 3RD FLOOR
ANDREWS AFB, MD 20762·7002	

:   SIGNAT   FRECORDER

•

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0340	

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 nor that provided by applicant substantiates an impropriety that would justify upgrade of the discharge.

Issue. Applicant was discharged for minor disciplinary infractions. Member received two Articles 15 and three Letters of Reprimand. His misconduct included failure to go on numerous occasions, displaying disrespectful behavior towards a commissioned officer and senior noncommissioned officer, and using derogatory comments towards a fellow airman. The Board noted member was age 18 when his misconduct occurred, essentially the same age as other airmen who complete their enlistments without disciplinary infractions, and there was no evidence he did not know right from wrong. The applicant also states he would like to use the GI Bill and someday serve his country again in a responsible and honorable manner. The board was sympathetic to the impact the loss of an educational benefit was having on the applicant but this was not a matter of inequity or impropriety that would warrant an upgrade. The Board concluded the misconduct was a significant departure from conduct expected of all military members. TI1e Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that the characterization of the discharge received by the applicant was found to be appropriate.

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