AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDl.E INITIAL)

TYPE

-GRADE

AFSN/SSAN	 	

PERSONAL  APPEARANCE	X    RECORD REVIEW

COUNSEi.	NAME OF COUNSEi. AND OR ORGANIZATION
Yl:S	NO
: x

ADDRf.SS AND OR ORGANIZA TJON OF COUNSEL

MEMBERS SITTING

!

HON

GEN

VOTE OF THE BOARD

UOTllC

onum

DENY
x x x x
x

ISSUES
A93.01

HEARING DATE
11 Apr 03

INDEX NUMBER
A67.IO

CASE NUMBER
FD2002-0448

•	1.-ixHmITS SUllMITI'l.i)b T01l!E BOARD
1	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT HME OF PERSONAL APPEARANCE

APPLICANT'S ISSUE ANO THI! BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FOR

Case hea rd at Washington, D.C.

TAPE RECORDING OF PERSONAL APPERANCE HEARING
GE REVIEW BOARD DECISIONAL RATIONALE.

Advise applicant of the decision of the Boa rd, the right to a personal appea rance with/without cou nsel, and the right to subm it an application to the AFBCMR.

OF BOARD PRESIDENT

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

INDORS3MENT

DATE: 11 APR 03

FROM:

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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

FD2002-0448	

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

The 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 the evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

The applicant's issues are listed i n the attached brief

Issue. Applicant contends that he should not be penalized indefinitely for a mistake he made when young. The DRB recognized the applicant was 22 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The applicant received three Article 15s, two Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment, and two Records of Individual Counseling for financial irresponsibility, failure to obey, failure to go, and traffic, parking and speeding violations. The Board opined the applicant was older  than  the  vast  majority  of  first-term members who properly adhere  to the Air Force;s standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief