AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)
Si! ll111.lllf 11
TYPE  GEN	x	I	PERSONAL     APPEARANCE
1--c_ouN_sE_L_-j NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

GRADE	AFSN/SSAN
--
I	RECORD    REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE OF IBE BOARD

MEMBER  SITTING	HON

GEN

UOTHC

OTHER	DENY

r--	----·c-----------------t-----1-----+-----+-----+	1
x

ISSUES

A93.0l A93.07

INDEX NUMBER

A67.10 A49.00

x
x
x x
._.Ex,tt}lITS SUBMIJTE]) romE BOARD
I	ORDER APPOINTING THE BOARD

2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NUMBER

23 Apr 2004	FD-2002-0463
APPLICANT'S ISSUE AND THE BOARD'S DECISJONAL RATIONAL ARE DJSCUSSEJ;> Ol'i>THE.ATTACHED AlR FORC_E DISCHARGE REYIEW BOARD DECISIONAL RATIONALE

Case heard at Ft. Gillem GA I Andrews AFB MD Video Teleconference (VTC).

Advise appl icant of the decision of the Board, and the right to submit an application to the AFBCMR

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TO:

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

FROM:

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 REVIE\V BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2002-0463	

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Ft. Gillem GA I Andrews AFB MD video teleconference on April 23, 2004.

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.

ISSUE:

1.	Applicant contends discharge was inequitable because it was too harsh.  The information provided by the applicant and contained in his records was carefully reviewed by the DRB.  The records indicated the applicant received five Letters of Reprimand, two Student Records of Individual Counseling and one Record ofindividual Counseling.   The misconduct  and unsatisfactory performance included failure to obey an order, failure to maintain proper grooming standards, failure to complete remedial training, failure to go to final formation, failure to go to morning formation, multiple block test failures, and lack of motivation. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his  negative behavior.  The characterization of the discharge received by the applicant was found to be appropriate.

2.	Applicant contends that he should not be penalized indefinitely for a mistake he made when young.  The DRB recognized the applicant was 20 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

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