AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

PERSONAL  APPEARANCE	X   RECORD REVIEW

YES

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
•

HON	GEN

llOTHC

OIBER

DENY
x x x x x

ISSlllfS
A94.05

HEARING DATE
I MAY 03

INDEX NUMBER
A67.90

CASE NUMBER
FD2003-0044

1	ORDER APPOINTING THE BOARD
·	2	APPLJCA TION FOR REVIEW OF DISCHARGE
3	LElTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDlNG OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND TliE llOARD' •  'l;CSlONA:cMl)ONAf; D!Sl2U$SEP ONtH'E ATTACHfl> AIRFORCE. OISCHAROE REVIEW flOARDOECISIONAL RATIONALE

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.

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE ATR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM  02077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0044	

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 contends that his discharge was too harsh because it was due to inexperience and misunderstanding at what life has to offer. He also states that he was immature and did not fully understand his position of responsibility. The record indicates the applicant received two Article's 15 for wrongfully and falsely altering a military identification card and for failing to abstain from consuming alcohol beverages within twelve hours of a scheduled flight and for failing to abstain from consuming alcohol beverages before his twenty-first birthday. In addition, he also received two Letter's of Reprimand and Verbal Counseling for underage drinking and financial irresponsibility.  The DRB noted the strong letters of support the applicant had in his package and the fact that he went to financial counseling and social actions. Also, the DRB noted that the applicant completed an in-patient abuse clinic for three weeks, but was then discharged a month later. Ifhe can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community. 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