AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
PERSONAL APPEARANCE	-X  RECORD REVIEW

NAME OF SERVICE MEMBER (LAST, l'IRST MIDDLE INITIAL)

GRADE

COUNSEL
YES	NO
x

NAME OF COUNSEi, ANl> OR ORGANJ\7.i\ TION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

OTHER

DENY
x x x x x

ISSUES
A92.37,  A67.01, A94.53

HEARING DATE
03-04-21

INDEX NUMBER
A67.l0

CASE NUMBER
FD2002-0427

EXIIlBITS SUBMITTED ti) Tltt WARD. . .
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTTFICA TION
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
. APP(JCANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD. DECISIONAL RATIONALE

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.

SIGNATURE OF BOARD PRESIDENT .

TO:-

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 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

FD2002-0427	

GEN ERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for his discharge, and to change his reenlistment code.

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, change of reason and authority for the discharge, and change of reenlistment code are 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 two Articles 15, a Letter of Reprimand, and nine negative AETC Forms 341, "Excellence/Discrepancy Report." His misconduct included several instances of failure to go, two offenses of sleeping in class, two instances of using indecent language, loss of military bearing, and repeated failure to obey orders. At the time of the discharge, member consulted counsel and submitted a statement in his own behalf in which he asked to be retained and apologized for his actions. The Board noted member did not dispute the occurrence of the infractions, and was given several opportunities to correct his behavior but was either unwilling or unable to do so. Member was the same age as other airmen who successfully complete their terms of service without any disciplinary infractions, and there was no evidence member didn't know right from wrong or was immature. Because he was responsible for his actions he was held accountable for them. 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