AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
,,. ,r· .:  1

GRADE

Al<SN/SSAN

YES	NO
x

PERSONAL  APPEARANCE	X    RECORD REVlEW
NAME OF COUNSEL AND OR ORGANIMTION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS  SITTING	HON	GEN

VOTE Ql'J1IE:BOAIID

UOTJIC	OTHER	DENY
x x x x x

ISSUES
A94.05

INDEX NUMBER
A67.10	1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION

HEARING DATE
30APR 03

CASE NUMllER
FD2002-0459

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE Rf.CORDING OF PERSONAL APPERANCE HEARING
AP,(J' ;llGANT'S ISSUE ANllTHE BOARD'S Di!mSlONAL RAT!OJ\L AllJiDlSCIJSSED ON THE .ATTACHED AIR FORCJ:l DIS(:H:.;Jl.GE REVIEW BOARD DECISIONAL. RATIONALE;

REMARKS
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.

DATE: 30APR Q3

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

AFHQ FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF THE 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

FD02-0459	

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.

ISSUE: Applicant does not contest his discharge.  He states that he was too young, was just married, and in a year and a half, lost both of his wife's parents to liver cancer. Also, his wife had a miscarriage. The record indicates the applicant received two Article's 15 for failure to go on four separate occasions. He also received eight Letter's of Reprimand for financial irresponsibility; being late  for work on numerous occasions; making unsatisfactory progress on the weight management program; leaving duty without authority; and unprofessional conduct. In addition, he received five Letter's of Counseling for being late for work on numerous occasions and lying to supervisors twice. The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older then the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge. The Board further concluded the misconduct of the applicant appropriately characterized his term of service.

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