AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

PERSONAL  APPEARANCE	X    RECORD  REVIEW

YF:S	:-10
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRF:SS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

VOTE OF TllF; BOARD

HON	GEN	UOTllC

OTHER

DENY
x x x x x

F:XlllBITS SUBMITfED TO THE BOARD
A94.53, A93.05, A92.21	A67.IO	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
03-03-07

CASE NUMBER
FD20020414

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

TAPE  RECORDING  OF PERSONAL  APPERANCE   HEARING APPLICANT'S lSSlJE AND TllE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE AITACllED AIR	CHARGE REVIEW BOARD DECISIONAL RAl10NALE.
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.

TO:	FROM:
SAF/MIBR
550 C STRE	EST, SUITE 40
RANDOLPH AFB, TX 781504742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WrNG, 3Rt> 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

FD2002-0414	

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 two Articles 15, a Letter of Reprimand, five Letters of Counseling, and an Unfavorable Information File (UIF). His misconduct included five instances of failure to go or being late to work, three instances of dress and appearance violations, two instances of failure to follow instructions or training guidelines, two instances of dereliction of duty, and having an unauthorized, unescorted civilian guest in his dorm room overnight. At the time of the discharge, member consulted counsel and submitted a statement requesting retention, or in the alternative an honorable discharge. 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.

Applicant submitted a character reference from his grandfather, a retired Air Force Senior Master Sergeant, which reflected on applicant's post-service conduct and accomplishments, and noting that applicant came from a sheltered background. While the latter may have had some bearing on applicant's ability to adjust to the military, this information failed to demonstrate how the characterization of discharge was affected by it, or how applicant's youth and immaturity distinguished him from his peers. And while the Board commends applicant on the post-service improvements he has made, they are not relevant to the period of service under review, and therefore do not provide a basis for upgrade.

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 hoard 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