AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

TYPE	I

PERSONAL  APPEARANCE	x RECORD REVIEW

YES	NO
x

. )  •,,         NAME OF COUNSEL AND OR ORGANIZATION	Al>lJRESS AND OR ORGANIZATION  OF COUNSEL
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VOTE OF TllE BOARD
MEMBERS  SITTING	HON	GEN	UOTJIC	OTHER    ,•·:,	DENY
x
r-	x
x
'"'	x
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ISSUES	INDEX NUMBER	EXHIBITS SUBMITTED TO THE BOARD
A94.05	A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL  FILE
26 FEB 03	FD2002-0399	COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE   RECORDING     OF  PERSONAL    APPERANCE    HEARING APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AJR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE,

REMARl<S

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Case heard at Washington, D.C.

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

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INDORsEM£NT

I	DATE:   26 FEB 03 	

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TO:	FROM:
SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD

 	. 	

RANDOLPH  AFB,  TX  781504742		1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS  AFB.  MD 20762-7002
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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Prev10us edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBF.R

FD02-0399	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and 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 improper because it was based on AETC Forms 341, which there is no standard procedure for. He states that he conformed to AFI 36-3208 and would like to be able to return to active duty. The record indicates the applicant received  an  Article  15  for  willfully damaging a wall in the squadron by creating a hole by unknown means, and, with intent to defraud, falsely pretend to be an authorized user of long distance services by wrongfully obtaining phone services. He also received two Letters of reprimand for being late for formation and substandard behavior. In addition, he received four AETC Forms  341 and four AETC Forms 173 for doing less than required, lack of effort, homework not completed, absent from a mandatory formation, security violations, failure to shave, irrational behavior, argumentative, having wrinkled uniforms, late for duty and talking in formation. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the 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