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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

RSONAL APPEARANCE

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VOTE OF•THE BOARD

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ISSUES	INDEX NUMBER	EXHIBITS SUBMITTED TO THE BOARD
A94.05	A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
15 APR  03	FD2002-0488	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING APPLICANT'S ISSUE AND THE J;IOARD'.S q<;l$IoNAL MtON,,\L All,EJllSCUSSED ON nmArrACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONA E.
REMARKS
Case heard at Washington, D.C.

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

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INDORSEMENT	I	DATE:   15 APR  03

TO:	FROM:
SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742		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

FD02-0488	

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 does not contest his discharge. He merely states that he would like to use the GI Bill. The record indicates the applicant received an Article 15 for wrongfully appropriating a bottle of topical Novocain during a dental appointment. He also received two Letters of Reprimand for failure to follow proper procedures, which resulted in damage to a forklift, and for issuing a worthless check. He also received two Letters of Counseling for failure to go and failure to comply with Air Force appearance standards and to meet personal responsibilities. The applicant cited his desire to receive the GJ. Bill benefits as justification for upgrade. The DRB was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety that would warrant an upgrade. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. 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