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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (I,AST, FIRST MIDDLE INITIAL)	AFSN/SSAN

PERSONAL APPEARANCE	X   RECORD REVIEW
CQUNSEL c	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANJZA TION OF COUNSEL
YES	NO
x

MEMBERS  SITTING	HON	GEN

VOTE OF TJIE•cBOARD

UOTHC

OTHER	OENV
x x x x x

ISSUES
A95.00

llEAIUNG DATE
10 APR 03

INDEX NUMBER
A67.90

CASE NUMBER
FD2002-0456

EXHIBITS StlBIITEV TO THE BOARP
I ORDER APPOINTING THE BOARD
2	APPLJCATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFlCA 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 APPLICANT'S ISSUE AND THEBOARD'SOEC!Sl()NAL RATIONAL ARE'DJSCUSS!;O ON THE ATTACHED AIR FOR.CE DISCHARGE l\EVIEW BOARD DECISIONAL RATIONAl.E
IU:MARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

_SJ     J!JKJC_q!': Nf:Q	l!-_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
0

_   !	1'.. '?!\!l_1'._S	'.'!_ ------_ _ _ _ _ _ _ _ _ _ _ _ _ _

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SAF/MIBR
550 C STREET WEST, SUITE 40 RAND01-PH AFB, TX 78150-4742

- -- - -- - - -- - - - - - - - - - .- - - - - - - - - - - - - r	1
DATE:  lOARR 03

SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 31tD FLOOR
ANDREWS AFB, MD 20762-7002

A-F-HQ-F_O_R_M_0_--2-07_7_,_J_A_N_O_O	-(-E-F--V2)	--p=-r_ev_ io_u_se-d7.i ti-on wil l be us-ed-.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0456	

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 pe1iinent 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 two Article IS's. The first one for unlawfully assaulting his wife and the second one for driving while intoxicated.	In addition, he also received a Letter of Reprimand for missing multiple appointments, a Letter of Counseling for missing an appointment, and a Record of Individual Counseling for being late for work.  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