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AIR FORCE DISCHARGE REVIEW BOAR.D H.EARING  RECORD

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NAME OF SERVICE MEMBER (l,AST, f<'IRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
ERSONAL APPEARANCE	x RECORD REVIEW
·. COUNSEL	NAME OF COUNSEL AND OR ORGANJZATION	ADDRESS AND OR OJIGANIZA TION Of COUNSEL
YES	NO
x

VOTE OF THE BOARD
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MEMBERS  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x
x
x

ISSUES	INDF,X NUMBER	E BOARD
A94.05	A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION fOR REVIEW OF DiSCHARGE
3	LETTER OF NOTIFICA TTON
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FI LE
9 MAY 03	'	FD2002-0514	COUNSEL'S RELEASE TO THI; !?OARD
ADDITIONAL EXHJBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

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TAPE RECORDING   OF PERSONAL  APPERANCE  HEARING APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGI; REVIEW BOARD Dff!SIONAL RATIONALE.
REMARKS
Case hea rd at Washington, D.C.

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

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SIGNATURE OF RECORDER	.. '

INDORSEMENT	I	DATE:  9 MAY 03
TO:	FROM:
SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD

ed1t10n

RANDOLPH AFB, TX 78150-4742		1535 COMMAND DR, EE WING, 3Ro FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)

Previous	. .	will be used .

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NllMBER

FD02-0514	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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.

The applicant's issues are listed in the attached brief.

ISSUE: The applicant does not contest the discharge. He states that his conduct while in the Air Force was acceptable, that he excelled at his job  and in his squadron, and that he would l ike to join the San Antonio Police Department. The record indicates the applicant received three Article 15s for Driving while intoxicated, and for twice willfully disobeying a lawful "no contact" order to not have any physical , verbal, or written contact with MS LW. The - Board concluded the misconduct of the applicant appropriately characterized his term of service. No inequity or impropriety in his discharge was suggested or found in the course of the records review. His misconduct was a significant departure from conduct expected of all military members. The Board conclud ed thanhe character and reason for d ischarge were appropriate due to his misconduct.

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 equitabl e basis for upgrade of discharge or change the reason for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief