AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE

AFSN/SSAN

X   RECORD REVIEW

NAME OF COUNSEL ANP OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSl'.L

MEMBERS SITTING
x
x x x x

INDEX NUMBER
AOI.00, A95.00	A67.10

1	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
1	
BEARING DATE
3 JUN 03

CASE NUMBER
FD2002-0507

BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDillONAL EXHIBITS SUBMITIED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Scott AFB, Illinois.

Advise applicant of the decision of the Board, the right to appear before the Board with or without counsel, and the right to submitt an application to the AFBCMR.

SAFIMIBR
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 W1NG, 3w FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0507	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:   Upgrade of discharge to Honorable is denied.
The Board finds- that neither the evidence of record or that provided by the applicant substantiates an impropriety or equity that would justify upgrade of the discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct - Minor Disciplinary Infractions. Member received an Article 15 for damage to government property, three Letters of Reprimand for making rude comments and using profanity in a pu blic area along with disobeying a general order, using a government owned computer to participate in viewing and forwarding a pornographic MGEP (video), and failure to obey dress and appearance by wearing an earring; three Records of Individual Counseling for insubordination, disobeying a direct order, and smoking in a government vehicle; and a Memorandum for Record for poor duty performance. The applicant did not submit any additional issues or supporting documentation to support his request for upgrade. Based on the available records the Board found no impropriety or inequity.

The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the miscond uct 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.

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.

Attachment: Examiner's Brief