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AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE

GRADE	AFSN/SSAN

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I	PERSONAL  APPEARANCE	x  RECORD REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	..	ADDRESS AND OR ORGANIZATl.ON OF COUNSF:I,
YES	NO
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VOTE OF THE BOARD
MEMBERS SITTING	HON	GEN	UOTHC	OTIU:R	D!:NY

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ISSUES	INDEX NUMBl:R	EXHIBITS SUBMIIT.EJl TO THE BOARD
A93.09	A67.30	I ORDER APPOINTI NG THE BOARD
2	APPLICATION FOR REVIEW OF DISCH ARGE
3	LETTER  OF NOTIFICATION
lll:ARING  DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
26 FEB 03	FD20020391	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE HEARING
•	iJ\f'PLICANT'S ISSUE AND TlIE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
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REMARKS
Case hea rd 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.

,S.u;J'!Al.llIU: 9f	l!!!!.l- _ _ _ _ _ _,_ ./_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ L .!!.' · .:r_u_9f .!' !!!'!l f'..1.: - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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', :	INDORSEMEN1'
TO:	FROM:

------,---------D-A--T-E:   26 FEB 03

SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742		1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002
. .
AFHQ  FORM	2077, JAN 00	(EF-V2)	Previous ed1t10n will be used .

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-039 l	

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 received an Article 15 for failure to report to the immunization clinic to receive an Anthrax vaccination.  The DRB opined that the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reason that was the basis for this case.  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	

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