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AIR  FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN	 	 	

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSt: L

1722 1Street NW, Room 243, Washington, DC 20421

MEMBERS  SITTING	HON	GEN	UOTHC	OTlll<;J{
x x x x x

ISSUES

INDEX NUMBER

EXHIBJTS SIJBMl:rTE)) 1'0 Tll!Cll04)U) .. · ··

A95.00

A67.50, A67.90	1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOT!l'ICA TION

HEARING DATE
25 Mar 03

CASE NUMBER
FD2002-0462

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

TAPE RECORDJNG Of PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD:$ DE:(:ISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED.:FORCE DISCHARGE REVIEW :BOARD l:/ECISlONAL )lA;l:lONAlllY,  ·• · ·
.,,,.
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.

INDORSEMENT

TO:

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 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 RATIONAI E	CASF: NlJMIJER

li'D2002-0462	

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 this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of d ischarge is denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any.

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 indicate applicant received an Article 15, nine Letters of Reprimand (LOR), and three Letters of Counseling for being unreachable for Augmentation Force duty, failure to obey a lawful order, and late for training. Additionally, applicant received three Memorandums for Record for crnmpling an LOR, dereliction of duty, and late for duty. The DRB opined that through these administrative actions, the appl icant had an1ple 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.

CONCLUSIONS: The Discharge Review Board concludes that the  discharge  was  consistent  with  the proced ural 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