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AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

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NAME  OF SERVICE MEMBER  (LAST, J;'l.ST MIDDLE  l.NITIAL)	GRADE	Al<"SN/SSAN

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PERSONAL  APPEARANCE	x  RECORD REVIEW

COUNSEL	NAME  O•·COUNSEL  AND  OR ORGANIZATION	ADDRESS AND OR ORGANl7.ATl0N  OF COUNSEL
YES	NO
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MEMBERS  SITTING	HON	GEN	UOTHC	OTHER	DENY

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ISSUES	INDEX NUMBER	EXHIBITS SUBMITTED TO 'f.HE BOARD
A94.06	A67.l0	I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
22 MAY 03	FD2002-0469	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH!Il!TS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

AP.PL. I. CA• N..'.f'S lSStll•l".•'i•'\ND• T. :..lillS.. O.... .A...l.\.D.'.$. . D..E. C. ISIO'<N•AL RAUON§L......A.•.•..lt..e..: D. I.SCUSSED ON'M.
REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

TAPE RECORDING OF PERSONAL APPF.RANCE HEARING
ATTACHED AIR FORCEDISCHARGE REVIEW SOARD DECISIONAL RATIONA<.E
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DATE:  22 MAY 03

TO:	FROM:
SAF/MIBR	SECRETARY OF THE AI R FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742		1535 COMMAND DR, EE WING, 3Ro FLOOR ANDREWS AFB, MD 20762-7002
AFHQ FORM 02077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0469	

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 granted.

ISSUE: Applicant does not contest his discharge. He states that it was too harsh because he was a good soldier while he served and he would like to receive his GI Bill benefits. The record indicates the applicant received an Article 15 for being incapacitated for the proper performance of his duties by overindulgence in intoxicating liquor. In addition, he received two Letters of Reprimand for breaking curfew and missing a movement, and two Records of Individual Counseling for being ]ate for duty. The DRB opined that the applicant was not guilty of missing a movement and he was appropriately punished for the overindulgence in April 2000. The trigger for the discharge was for breaking curfew and this was not an appropriate reason for the discharge.

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation.

In view of the foregoing findings the board further concludes that there exists an equitable basis for upgrade of discharge, thus the applicant's discharge should be changed to Honorable and the Reason is Secretarial Authority.

Attachment: Examiner's Brief