AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	-GRADE

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

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VQ'J."E Of THE BOAJU!.
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UOTHC
x x x x
x

ISSUES

INDEX NUMBER

 EXllllmS Sul!M:ITt'ElU'.O Tlli/BOARJ,l 	

A95.00

A67.90	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION

IIEARING DATE
8 APR 03

CASE NUMBER
FD2003-0041

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

TAPE RECORDING OF PERSONAL APPERANCE HEARING

..·-..,,	/	. .	, .

Aflp (:;ANT'S IS !JJ! ANDTB11"110ARD'S"li. ClsJON : : RATION'Al. AREJjl$CUSSl!D ON THEAtrACHEl:fAIR FOi( • El)JSCHAAGE REVIEW BOARD llECl$10NAL RATIONALll.

'•',•,	'	•'•

REMARKS
Case heard 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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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, 3"" 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

FD03-0041	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated applicant had  received two Article  15's for, with intent to deceive, make an official statement that was false. And, for being derelict in the performance of his duties by downloading games on his government computer.  In addition, he also received three Letters of Reprimand for failure to obey a lawful order, failure to follow established procedures and not being truthful when questioned about it, and for substandard performance, behavior, adaptability and habitual lying.  In addition, he received four Letters of Counseling for violation of uniform policies, making a false official statement, being late for work and violation of safety standards.
The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 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