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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST l\UDDl,E INITIAL)

I  TYPE

-GRADE

i	I	PERSONAL     APPEARANCE	x   RECORD  REVIEW
:;;qn.TNL  . .•:, , I NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION O•' COUNSEi.
:  YES	NO	I
x
i
I
VOTE OF THE.llOARD
'
MEMBERS    SITTING	HON	GEN	UOTHC	O'fHER	DENY
x
x x x x
ISSUES	INDEX NUMliER	' "" '	''.'    >1(.  IQlllTS SUBMtt'.O:D.,TO 'l]fl!l'   OARD
A94.05	A67.IO	1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE	i
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
2 MAY  03	FD2002-0484	COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
,	§	'SJSSOE'ANLITimi'B0\$(?;Cl.S}gN;AB'RA',!J,.Q ARE OISCUSSl!D ()l•ffHE ATTACHED AIR FORCE DlSCHAftGE. REVIEW BOARD DECISIONAL RATIONALE.
·::·... ".'"!.'".:	,,,·.	.	···..    .·.··';. ·:::·<.;::> -:· ....	' ,,,,	..,..   ·.·	·. ·.··	i	.	'	'  ' ...
REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personltl appearance with/without counsel, and the right to submit an application to the AFBCMR.

i  
.DATE: tM:AY 03

SAF/MIBR
550 C STREET WEST, SUITE40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3w FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EFV2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0484	

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 contends that his discharge was too harsh because it was based on three issues covering over three years of service. The record indicates the applicant received an Article J 5 for wrongfully using both a government telephone and government telephone services to make unauthorized personal telephone calls to Korea. He also received a Letter of Reprimand for being disrespectful, unprofessional, and insubordinate in conversation and manner, a Record of Individual Counseling for excessive DSN use for morale calls, and two traffic tickets.  If he can provide additional documented infonnation to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the ORB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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