1 .
-A-IR F-O_R_C_E_D_JS__C_H_A_R_G_YE-RE-V-JE-W B-0-A-R-D H-E-A_R_ING-R_E_C_O_R_D	---

.NAM,E.•OF S.ERV,I.C•E •MEM••BE.•R-(L,AST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

I

--1

I     TYPE
I

PERSONAL APPEARANCE

SRA	-·-- -- -
--------+- X RECORD REVIEW -------------

COUNSEL

\••	NAME OF COUNSF.L AND OR ORGANIZATION

·AD-DRESS AND OR ORG-A-NIZA noN m·COUNSEL

>------'---,----!
YES	NO
x	1
VOTE OFTIJE BOARD

!-!_ _ __--- ----- ----- ----- ----- ----- ----- ---- - --- --j-T_l_N_G_•.	--_-_----_-_-·_-+_--JJON	G_E.-N	uo·J_'H_C       --+ OT__JE_.R ·----

E-N=Y--

1
1 !	x
r	x
x
'
''-------------------------------------------	x

ISSUES

INDEX NUMBER

'	El(ff!BITS SUllMITTED TC> THE BOARD

A94.05	I A84.00
I

1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FJCATION
3	
Hl NqDATE
15'MAY 03

CASE NUMBER
FD2002-0468
4	
BRIEF OF PERSONNEL PILE
!----+--------- --------· ···-
COUNSEL'S RELEASE TO Tl IE BOARD
ADDJTIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAJ'E  RECORDING  OF PERSONAL  Al'l'ERANCE  HEARING APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
REMARKS
Case heard at Washington, D.C.

Advise applica nt 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.

S}IJ!:l !JJl...E_ I_?

'

'

'

'

'

'
'

_c_q_@"" _ _ _ _ _i_ _ L_ _)_ _ J_ _ _ _ _ _ _ l _ _ _ _ _ _ _ ( _ _)_ _ _ _ _ _ _ _ l _S}g I.J!_"'-<!!l A-!'!.1-	_!1- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

INDOll.SEMENT

TO:	FROM;

I	DATE:  15 MAY 03

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 RATIONALE	CASE NUMBER

FD2002-0468	

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 the evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

The applicant's issues are listed in the attached brief.

Issue. 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 had numerous AF Forms 40A, Record of Individual Inactive Duty Traini ng with 78 periods of unexcused absences, two Letters of Reprimand, one Record of Individual Counseling and  two Memorandums for Record for misconduct. The misconduct included provoking speeches  and gestures, failure to obey a lawful order, and insubordinate conduct. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the unexcused absences and misconduct outweighed  the otherwise  satisfactory performance  of this member.

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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief