AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAMf<:OF SERVJCE MEMBER (LAST, FIRST MIDDLE INITIAL)	AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME  OF COUNSEL AND OR ORGANIZATlON	ADDRESS AND OR ORGANIZATION  OF COUNSEL

x

MEMBERS  SITTING

HON

GEN

. VOTE OF TlfE BCIAI'U>

UOTllC

OTHER

DENY
x x x x x

ISSUES
A95.00

INDEX NUMBER
A67.10, A49.00	l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
30APR 03

CASE NUMBER
FD2002-0489
4	
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING Alll'Ll¢A1ff,,,J!J$SIJE ANO THE BOARD!.S.  !iQ!$1()!'1,Att )l,\TIONAL MQ:i!Dl$i,::tJ SED ON THE Atf ACHED AIR FO.RCE Dl$CHARGE REVIEW BOARD DECISIONAL RATIONALE.
REMARKS
Case heard at Washington, D.C.

Advise applicant 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.

SIGNATURE OF RECORDER	SIGNATUllSIF  BOARD  PRESIDENV

DATE: 30AJ>R 03

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

AFHQ FORM 0-2077, JAN 00	(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, M D 20762·7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	GASE NUMBER

FD02-0489	

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 the applicant submitted no issues contesting the equity or propriety of the discharge,  and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant received an Article 15 for willfully failing to pay his government issued credit card in the amount of $1,377.84.  In addition, he received a Letter of Reprimand and five Letters of Counseling for failure to perform assigned tasks properly, financial irresponsibility twice, failure of his End of Course Exam twice and failure to return DVD movies at the end of the rental period.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior.  The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members.
The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 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