AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

PERSONAL  APPEARANCE	X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADD.RESS AND OR ORGANIZATION OFCOUNSEL

MEMBERS SITTING
x x

x
x

RING DATE
6 AUGUST 03

CASE NUMBER
FD2002-0498

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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

Case beard at Washington, D.C.

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

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 781504742

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0498	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change his reenlistment code.

The  applicant  was  offered  a personal  appearance  before  the  Discharge  Review  Board  but  declined  to exercise this right.

The attached brief cpntains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:	Upgrade of discharge, change of reason and authority for the discharge, and change of reenlistment code are denied.

The Board finds the applicant submitted no issues contesting the equity or propriety  of the discharge, and after a thorough review of the record, the Board was unable to identify any.

Issues.  Applicant was discharged for a pattern of misconduct.  He had one Record of Individual Counseling, two Letters of Counseling, and four Letters of Reprimand (LOR).  His misconduct occurred over a 25-month period and included two incidents of failure to go, dereliction of duty by playing cards on duty, a dress and appearance violation, and eight incidents of fmancial irresponsibility (which were documented together in three of the LORs).  Member's medical records disclosed he was enrolled in a Substance Abuse Reorientation Seminar after an incident of being drunk and disorderly at the NCO Club,
as well as one-time pre-service marijuana use and a pre-service arrest for public intoxication. At the time of the discharge, member consulted counsel and submitted statements in his own behalf requesting the basis
for discharge be changed, and that he be given an honorable discharge.  The Board noted that member was age 21 to 23 when his offenses occurred, the same age as other airmen who adhere to standards.  He was counseled repeatedly in an effort to help him correct his deficiencies and had several opportunities to improve his behavior.  In spite of those rehabilitative efforts, he was unwilling or unable to improve his behavior.  The Board concluded applicant knew right from wrong and was responsible for his actions, and therefore was held accountable for them.  No inequity or impropriety was found in this discharge in the course of the records review.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and wa.;; 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