AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSNISSAN

PERSONAL  APPEARANCE	X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITI'ING
x
x x x x

A92.21,A94.0S, A93.01

INDEX NUMBER
A67.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
6 JUN03

CASENOMBEll.
FD2002-04S7

IONAL EXHIBITS SUBMITTED AT TIME OF
NAL APPEARANCE

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 WlNG, 3RI> 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

FD2002-0457	

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise thls right.

The attached brief contains 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 that would justify a change of discharge.

Issues. Applicant was discharged for misconduct, discreditable involvement with military or civil authorities. He had an Article 15 for damaging government property, three Letters of Counseling for writing multiple bad checks to the base exchange, and was apprehended for assaulting another military member. According to the legal review, the only discharge document currently in the file, the commander elected to process member for an immediate discharge as a result of the assault, rather than give him another Article 15. The legal review also indicated that member  consulted counsel and submitted a statement in his own behalf at the time of the discharge. Member had one Airman Performance Report rated an overall "7." Member's discharge file and medical records were unavailable to the Board for review, therefore the Board was unable to determine the facts and circumstances of the incidents of misconduct, or to ascertain if there was other misconduct on member' s part, or additional bases for th.e discharge. Lacking documented evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis for an upgrade. No inequity or impropriety could be found in this discharge in the course of the records review.

If the applicant can provide additional specific documented information about his discharge, and documented evidence to substantiate an issue, he should consider exercising his right to a personal appearance hearing, and be prepared to present the Board with evidence of an inequity or impropriety, as well as any exemplary post-service accomplishments and contributions to the community.

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