AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COIJNSEI. AND OR ORGANIZATI01'i- ---------+-A-D- D.R..,£"·"ss,,-.\.N.,""n'-o.=R-oo=RG=A-.N,.AT ION-O: •·"c"""o""uC"CN"""s'ELo- ---

VOTE OF THE BOARD
MEMBERS SITTING	HON	GEN	uornc	OTHER

DENY
x x x
x
x

ISSUES
A95.00

HEARING DATE
12 FEB 03

IND ;X NUMBER
A67. 10

CASE NUMBER
FD2002-0349

EXHUHTS SUBMITTED'tO THE BOARD
l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTJFICA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
DITJONAL EXHIBITS SUBMITTED AT TIME OF RSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARfNO
APPLJCANT'SJSSUE" AND THE BO	S DECISIONAL RATIONAL ARE DISCUSsED ON THE A1TACHED AIR FORCE DISCHARGE REVJEW BOARD llECISIONAL RATIONALE
··1--R:E:M:cARKcS:;-· ····'7··--"-'-'-'--------- '----------- ------ ------- ----j
Case heard at Washington, D.C.

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

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150·4742

FROM:

DATE: 12 FEB 03

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

FD02-0349	

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 the applicant submitted no issues contesting the equity or propriety of the discharge,  and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge.

ISSUE: The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge. The records indicated applicant had received a Letter of Admonishment for failure to obey a lawful order; a Letter of Counseling for failure to
go; a Letter of Reprimand for being derelict in the performance of his duties; and an Article 15 for using his government computer for accessing pornography. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 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