AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL}

TYPE

•GRADE	Af<"SN/SSAN

YES	NO
x

I	PERSONAL    APPEARANCE	X     RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION O}' COllNSF.t

MEMBERS SITTING

HON	GEN

VOTE OF THE llOARD

llOTJlC

OTHER

DNY
x x x x

'

x

'
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ISSUES

INDEX NUMBER

EXHrli'ITS.StrlllVllTTED  TO THE BOARD	.··..

··.

A93.09

A67.IO	1	ORDER APPOINTI NG THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HI!'.ARING DATE

CASE NUMBER

4	BRIEF OF PERSONNEL FILE

8 APR 03

FD2003-0021	COUNSEL'S RELEASE TO THE BOARD
ADDJTIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
.A..PPilQi\J:l'i:'.:S ISSUE AND ..'·Q···· J·1··U··· iO·· AIW'$ I)ECISIONAL RATIONAL All§J'{J$¢US$@ Q)f'QIE ATTACHED AIR FORCE. D.. I.SCHARGE !lEYll'.W aqAR.o DECISIONAL 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 counsel, and the right to submit an application to the AFBCMR.

·..
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TO:	•'ROM:
SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SE(RETARY OF. THE AIR FORCE PERSONNEL COUNC.IL AIFORCE  DISCHARGE  REVIEW  BOARD
1535 COMMAND DR; I;E WING, 3RD FLOOR·	'l	.
ANDREWS AFB, MD 20762c7002	,, .
'	. "

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will"'be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD03-0021	

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.

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

ISSUE: The applicant does not contest the discharge; he states that he regrets his off duty actions and he takes full responsibility for his problems. The record indicates the applicant received two Article 15's for disobeying a no contact order and for wrongfully having sexual intercourse with a married woman that was not his wife. And, for dishonorably failing to pay just debts. In addition, he received two Letters of Reprimand for committing adultery and for a civilian conviction for violating a rental agreement. And, he received a Letter of Counseling for arrest warrants that were issued to him for faiJure to appear in court for writing bad checks and failure to return an overdue rental video. 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 concluded that the character and reason for discharge 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 equitable basis for upgrade of discharge or change the reason for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief