AIR FORCE DISCHARGE REVIEW BOARD HEARING R ECORD

NAME OF SERVICE MEMBER (LAST, .FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR OJH:ANIZATION Of' COUNSEL

X*
x
x
x
X*

HEAIUNG DATE
27 MAR 03

INDEX NUMBER
A67.10

E NUMBER
FD2002-0392

I
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTJFlCA TION
4	BRIEF OF PERSONNEL f1LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXlllBITS SUBMITTED AT  TIME OF PERSONAL  APPEARANCE

ARKS

TAPE RECORDING OF PERSONAL APPERANCE HEARING
Ri1iiD!SCJ:iSSEO ON 111Ii AITACHEit!lR FQl«::E DlS<;fJAAGE.
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*Change reason and authority to Secretarial Authority. 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.

SAF/MlBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

A.FHQ FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVTEW BOARD
1535 COMMAND DR, EE WING, 3Rl) I'LOOR
ANDREWS AFB, MD 20762-7002
Previous editionwill be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASF. NUMBER

FD2002-0392	

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 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 was discharged for minor disciplinary infractions. During the period of enlistment under review, he received three Letters of Reprimand. Member's misconduct included an altercation with another NCO, civil arrest for assaulting a civilian female, and civil arrest for driving erratically and possessing a concealed loaded weapon without a pennit. In the previous period of enlistment, member received an Article 15 for drinking alcohol u nder the legal age, and a Letter of Reprimand for using derogatory language toward another airman. The Board opined that there was sufficient misconduct in the current enlistment to warrant a discharge, and that through these administrative actions, the applicant had ample opportunities in the current enlistment to change his negative behavior.  The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. The Board could find no inequity or impropriety that would warrant an upgrade.

If the applicant can provide additional documented information to substantiate an issue, he should consider exercising his right to make a personal appearance before the Board. If he should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the Board with factual evidence of the inequity or impropriety and any exemplary post-service accomplishments as weH as any contributions to the community.

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