AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITL\J,)

11111111•11117
TYPE

GRADE	:  AFSN/SSAN

•	11 n1•111r

YES	NO
x

PERSONAL  APPEARANCE
NAME Oil COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

llON

GEN

VOTE OF THE BOARD

UOTHC

OTHER

DENY
x x x x
x

ISSUES
A95.00

HEARING DATE
30 J"UL 03

INDEX NUMBER
A67.10

CASENIJMBER
FD2002-0503

EXHIBITS  SUBMl'I'TED"T01'HE BOARD
I	ORDER APPOINTING Tl IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
: 4	BRIEF OF PERSONNEL FILE
COUNSEL"S RELEASE TO THE BOARD
ADDJTIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONA!. APPERANCE HEARING
Af'l?LICAt'T'SIS$tJ1! AND IBE BOARD'S DEc:ISIONALll,A'J:!ONALARE DISCUSSED ON THE ATTACHED AlR FORCE OlSCHARGE 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.

	DATE: ;.lf)iJUL 03	
TO:	SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
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 NUMIWR

FD02-0503	

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 an Article 15 for assault.  He also received three Letters of Reprimand for altering a military identification card, violating the dress and appearance standards and for dereliction of duty.  Additionally, he received a Letter of Counseling for damaging government property.  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.

Inview 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