AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OI• SERVIC.l!: MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AI•SN/SSAN

TYPE

x

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAMli: OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING	HON

GF.N

UOTHC

OTHER

DENY
x

x

,-----------------1-----+------1  ---t-----+-------.

x x x

A67.50	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
27 JUN03

CASE NUMBER
FD2003w0030

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

APPLICANT'S ISSl!E AND

REMARKS
Case heard at Washington, D.C.

TAPE RECORDING OF PERSONAL APPERANCE HEARING

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.

		
	27 JUN.03	
	
SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3PJ) 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 NUMBER

FD03-0030	

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 states that he was young and stupid during his time in the Air Force and that now he is the father of two, the head of a household and the primary source of financial support for his family. The record indicates the applicant received two Article 15s for failure to go and for wrongfully using marijuana. He also received two Letters of Reprimand for being late for work and for being late for an appointment wearing inappropriate attire. He also received five Records of Individual Counseling for being late for work (5 times), violation of appearance standards, and for refusal to perform assigned duty and for being disrespectful. The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older then the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The Board concluded the applicant's 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