'		AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVJCE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION o ·COUNSEL

MEMBERS SITTING

GEN

V0111'i;DF THE B{) J!.D

UOTllC

OTHER

DENY
x x x x
i  x

ISSl.JES
A94.05

INDEX NUMJIER
A67.90	I	ORDER APPOINTING THE BOARD
2	APPLJCATION FOR REVIEW OF DISCHARGE
3	LETfER OF NOTIFlCA TTON

HEARING DATE

CASE NUMBER

4	BRIEF OF PERSONNEL FILE

28 MAR 03

FD2002-0416	COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXHJBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
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/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

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

SECRETARY ,OF THE AIR FORCE PERSONNEL COUNCJL AIR 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

FD020416	

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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:  The applicant states his discharge was improper because he believes his command abused its authority when it decided to discharge him.  He further states that his discharge was based solely on one isolated incident.  The record indicates the applicant received an Article 15 for conspiring with another airman to wrongfully make a military identification card.  And, with the intent to deceive, sign an official record that was false.  And, he wrongfully solicited another airman to wrongfully and falsely make a military identification card by altering dates of birth to reflect that a member is over the age of 21.   The Board concluded the misconduct was a significant departure from conduct expected of all military
members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge and that the characterization of the discharge received by the applicant was found to be appropriate.

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