AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

•	

N	E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	• AFSN/SSAN

PERSONAL  APPEARANCE	X    RECORD REVIEW
•	COUNSEL	NAME  OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANJZA TION OF COUNSEL
YES	NO
x

COL JOSEPH M. MARCHINO II

COL HORACE R. CARSON COL THOMAS E. HAMMEN LT COL FELIX A. LOSCO
2	LT SHARYN J. SAUNDERS

MEMBERS SITTING

llON

GEN

von: OF THE
UOTHC

OTHER

DENY
x x x x x

ISSUES

INDEX NUMBER

EXHIBITS SUBMITTED TO THE BOARD

A95.00

A49. 10, A67.50	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
9 MAY 03

CASE NUMBER
FD2002-0491

4	BRIEF OF PERSONNEL FILE
OUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMJlTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARfNG
APPLICANT'S ISSUE AND THE BOAf\l'.l'SiDECISJONAL RATIONAL ARE P!SCUSSED ON THE ATTACHED AlRl'ORC.E D!SCHARGE REVIEW BOARD DECISJONt\L RATlONALE.

REMARKS
Case hea rd at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/wit hout counsel, and the right to
submit an application to the AFBCMR.

J	aAcf:J--
THOMAS E. HAMMEN COLONEL, USAF	JOSEPH M. MARCHINO II,COLONEL,  USAF

.	SIGNATURE OF BOARD PRESIDFjP•	•
•
INDOR5ENT	DATE: 9 MAY 03
TO;	FROM:

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, 31UJ FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NlJMBER

FD02-0491		

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 had two Article 15s, one for looking at another student's answer sheet during a test and the other for being AWOL. He also received one Letter of Repri mand, two Letters of Counseling, four AETC Forms 341, and four AF Forms 173 for being out of his dorm room after curfew, failing his appraisals four times, failing his room inspection twice, failing to secure his Standard Operating Instruction, failing to sign in, smoking during the duty day in violation of Phase one, and violation of the Phase program for driving a POV and smoking.
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