I'

AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME O:F SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
11	]]J7F•	II-·
TYPE
I	PERSONAL  APPEARANCE	x  RECORD REVIEW
COtJ!($)llL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	NO
x

·.·. .

VOTE OF TllEBO.ARD

- - - -

MEMBERS SITTING	HON	GEN	UOTllC	OTHER	DENY

'

'

''	x
-:
''	x
''

''

''	x
'

'

'

'	x
'
'-----------------------------------------------	x
ISSUES	INDEX NUMBER	'	EXHIBITS:Sl.JBMJTIEl.t.TO   THE BOAllD       	
A93.09	A67.10, A49.00	1	ORDER  APPOINTING  THE BOARD
'	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATTON
HEARING DAU	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
22 MAY 03	FD2002-0504	COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APfLJ!CANn lSSUE MiI>'T!m;]:loNUJ'S DECJ:Hill'!AL RATIONAL'.AJl.E !)!SCUSSEIYO.N l'IIE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
Ii.	.•..	· ' <
REMARJ<S
Case hea rd at Washington, D.C.

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

,Sl!>J'iAl:llU OJ'.RE.CQRlltlL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ L JilG!'l.UIDU:.01' B!J.ARQ PBESlllEN.T.11. _ _	-----------------

'

'
..:
''
'L--.-.                 --------------------------------------------------------------------------------------------------------------

.·   .	,, '
/	'

:;:,

· ··.	· ....	·.
I

.........\ .

·.•.. ·.. . ... .	, .'; ..

, :!J'i,Pf>.RSEMENT

... ·····

...	.·.

DATE:  22 MAY 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 NllMBER

FD02-0504	

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 states that he has grown as a person and realizes how terribly wrong he was. He deeply regrets his previous attitude and behavior. The record indicates the applicant received an Article 15 for willfully failing to refrain from wearing a stud through his tongue and making a false official statement. In addition, he received two Letters of Reprimand for failure to obey an order and lying to the First Sergeant and for missing a mandatory formation  on  three  occasions  and smoking in a non-smoking area. This misconduct was in addition to the four failures in Block I as evidence by the four AETC Form l 73s. 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