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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

TYPE	- 111I

NAME OF SERVICE MEJ\.-ffiER (i,AST, FIRST MIDDLE INITIAL)	GAADE

AFSN/SSAN

TlllHI

PERSONAL  APPEARANCE
.·COUNSEI; · :·	NAME OF COUNSEL AND OR ORGANIZATION
YES	NO
x

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

VOTE OF THE BOARD

UOTIIC	OTHER	DENV
x x x x x

ICXHIBITS SUill\tlTIED TO TIIE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE

HEARING DATE
19 FEB 03

CASE NUMBER
FD2002-0449

3	LETTER OF NOTIFICATION
4	BRIEF OF PERSON NEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITJONAL EXHIBITS SUBMITTED AT TJME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
A.P·P:LI:C,A:N::T• •'S I. SSOE A!'>IIHliE· BOARD'S DECISIONAL RATIONAL AIU! O!l\CUSSED ON'i'l'lliATrACHED MR'FORCE DISCHARGE REVIEW BOARD OECISIONAL RATIONALE .

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REMARKS

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Case hea rd at Washington, D.C.

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

DATE: {9 1fE..'Q 03'

SAFIMIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AJR 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

FD02-0449	

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 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 in the attached brief.

ISSUE: The applicant does not contest the discharge; he mentions his post-service activities and the fact that he would like the GI Bill. The record indicates the applicant received three Records of Individual Counseling, two Letter's of Counseling and eight Letter's of Reprimand for traffic tickets (three), driving with expired registration (twice), failure to register vehicle on base, failure to pay just debts, failure to go, late for work, failure to complete a given task, speeding ticket, dereliction of duty, late for an appointment, disrespectful, failed dorm room inspection, failure to report for duty and financial irresponsibility. The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service. The Board was sympathetic to the impact the loss of the GI Bill benefits was having on the applicant, but this is not a matter of inequity or impropriety that would warrant an upgrade. The Board concluded the discharge was appropriate for the reasons that were the basis for this case. No inequity or impropriety in his discharge was suggested or found in the course of the records review. His misconduct was a significant departure from conduct expected of all military members. The Board concluded that the character and reason for discharge were appropriate due to his 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 of discharge or change the reason for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief