)
AIR FORCE DISCHARGE REVIE\V BOARD HEARING RECORD

NAME OF SERVJCE MEMlU.:R (LAST, FIRST MIDDLE JNJTJALf .

TYl"E"
GEN

PERSONAL APPEARANCE

X  RECORD REVIEW

'-c-_ol_IN_Sl_n.- -' r-N-,\M_E_(_F_(_:o_tJN_S.E.1 A.NI> OR ORGANl7.ATION
YES	NO
x

ADDRF:SS AND OR ORGAN17ATION-.O::F c"o"'tIN' s•=:L,.--·--------;

von:01'   "HE BOARD

llON

GEN

o·rnER

DENY
x x x x x

ISSUES

INDEX NUMBER

EXlllBlTS SUBMITTED TO THE BOARD

A93.11, A93.09, A92.21

A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER  OF NOTlflCATJON

HiARING !>ATE
03-03-25

CASE NUMBER
FD2002-0417

4		BRIEF OF PERSONNEL Fl LE 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 A1TACHED AlR FORCE DISCHARGE REVIEW ROARD DcClSJONAL RATIONALE.
REMARKS

Case heard at Washington, D.C.

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

TO:	FROM,
SAF/MIBR
550 C STRE	WEST, SUITE 40 RANOOLPH AFB, TX 78150-4742

DATE: 03 03-27 .

SECRETARY OF THE AIR FORCE PERSONNEL COUNCJL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD 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

FD2002-04l 7	

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 that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of the discharge.

Issues. Applicant was discharged for minor disciplinary infractions. He had at least five Letters  of Reprimand, five Records of Individ ual Counseling, two traffic tickets, an Unfavorable Information File, and was placed on the Control Roster. Of two Enl isted Performance Reports, the last was a referral rated an overaH "2." Member's misconduct included several instances of writing bad checks and failing to pay just debts, failure to go, and various offenses of fai ling to follow instructions, and dereliction of duty. The records further disclose member was driving on base under revocation, and found by local law enforcement authorities driving on suspension at least three times in civilian jurisdictions, and speeding twice. On one occasion he failed to appear in court. At the time of the discharge, member consulted counsel and waived his right to 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  i n 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