'

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

x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

HON

,von: OF THE llOARD GEN	UOTHC

OTHER

DENY
x x x
x
x

ISSUES

INDEX NUMBER

EXHIBITS SUBMITI'KD,TO THE llOt\RD

A95.00

A49.00, A67. 10	l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
J	LETTER OF NOTIFICATION

HEARING DATE

CASE NUMBER

4	BRIEF OF PERSONNEL FJLE

10 APR 03

FD2002-0453	COUNSEL'S RELEASE TO THE BOARD
ADDJTIONAL 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.

';_ --::	''::'":.-"_
.•. NOORSEM!)NT	DATE:  f O APR 03

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

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVJEW 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

FD02-0453	

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 the applicant submitted no issues contesting the equity or propriety of the discharge,  and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received three Letters of Reprimand for Violation of the Phase Program twice and lying to a commissioned officer and violating a lawful general order.  In addition, he received a Letter of Counseling and nine AETC Form 173's for failing his block test six times, failed to render proper respect to an instructor, and for being late  for PC.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior.  The Board concluded the disciplinary infractions were a
significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 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