AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE	X    RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA 110N OF COUNSEI.

VOTE Ol<' TIIE BOARD.

HON	GEN

UOTHC

OTHER

l>ENY

'	X
x x
x
x

INDEX NUMBER

EXlllllUS SUBMITTED 0 THE BOAIU>

A67.90	l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER Of NOTIFICATION
2	
HEARING DATE
lO APR 03

CASE NUMBER
FD2002-0438

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

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RP FLOOR
ANDREWS AFB, MD 20762·7002

AFHQ  FORM  0-2077,  JAN  00	(EF-V2)	Preltious edition will be used.
\,

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0438	

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

TI1e applicant was offered a personal appearance before the Discharge Review Board (DRB) 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: Applicant contends that his discharge was too harsh and would like for the Board to consider changing his discharge from General to Honorable. The record indicates the applicant received two Article 15's. The first one for wrongfully introducing and displaying pornographic and sexually explicit images from Internet sites using his government owned computer. The second one for failure to go. He also received seven Letters of Counseling, 5 Letters of Reprimand, and 1 Memorandum For Record for financial irresponsibility, consistently being late for work and late for training, being disrespectful and insubordinate to his supervisor, failure to obey instructions and misusing a government computer. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The Characterization of the discharge received by the applicant was found to be appropriate.  The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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