AIR !<'ORCE DISCHARGE REVIEW BOARD HEARING RECORD

•

NAME OF SERVICE MEMBER 0,AST, FIRST MIDDLE INJTJAL)

PERSONAL  APPEARANCE	X  RECORD REVIEW

YES

NAME OF COUNst:L ,\NJ> OR ORGANJ7.ATION

ADDRESS ANJ> OR ORGANIZ4'00N OF COUNSEL

MEMBERS SITTING

HON	GEN

VOTE OF THE BOARJ>

UOTHC

OTHER

DENY

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x x x x

ISSUES

INDEX NUMBER

EXHlllJTS SUBMlTIED TO TJIE DQARll

A94.53, A92.37

A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR  REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICA TJON

HEARING l>ATE
03-03-25

CASE NUMBER
FD2002-0406

4		BRIEF Of PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLlCANT'S ISSUE AND THE llOARD'SDECISIONAL llATIONAI. ARE DISCUSSED ON ntE AlTACHED AIR FOllCE DISCHARGE REVffW BOARD DECISION Al. RATIONAI.E. REMARKS
Case heard at Washington, D.C.

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

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J>QRSEMENT

SAF/MIBR
550 C STREET	ST, SUITE 40 RANDOLPH AFB, TX 78150-4742

AFIIQ FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AJR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0406	

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 unable to identify any.

Issues. Applicant was discharged for minor disciplinary infractions. He had an Article 15, three Letters of Reprimand, and two Records of Individual Counseling. His misconduct included several instances  of underage possession  and use of alcohol, multiple incidents of failure to go, and various offenses of failing to folJow lawful orders or instructions, and disrespect to both a civilian instructor  and  to  a noncommissioned officer. At the time of the discharge, member waived his rights to consult counsel and submit a statement on his own behalf. The Board noted member was given many opportunities to correct his behavior but was either unwilling or unable to do so. Member was responsible for his actions and was held accountable for them because his misconduct was disruptive to the unit. The board did not find sufficient mitigation to warrant an upgrade, and no inequity or impropriety was found in this discharge in the course of the records review.

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