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ISSUES	INDEX NUMBJ;:R	EXHIBITS  SU)lMJTIED  TOTllE  BOARD
A93.09, A93.ll, A94.05	A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICA TJON FOR REVIEW OF DISCHARGE

,  ,.,--

--	3	LETTER OF NOTIFICATION

..,

HEARING DATE

CASE NUMBICR	4	BRIEF OF PERSONNEL FILE

22 MAY 03	FD20030047	COUNSEL'S RELEASE TO THE BOARD
I
ADDITIONAL EXHllJffS SUBMITTED AT  TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'SOECISJONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD. DECISIONAL RATIONALE

REMARKS
Case heard at Washington, D.C.

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

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... .......	INDOJ.{S'i;MENT
TO:	FROM:

I	DATE:  22 MAY 03

SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742		1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

CASE NUMBER

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE

FD03-0047

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but decl ined 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 which would justify a change of discharge.  The Board did find an impropriety due to the fact that the individual had over 6 years of service and was supposed to have an opportunity for an Administrative Board.  However, the Board opined that this was a harmless error because by his own actions, the respondent has indicated he no longer desires to be in the Air Force.  The member would have still received a General Discharge, or worse, an UOTHC.

ISSUE: Applicant states that there were not enough incidents to warrant a General Discharge.  He states that his disciplinary record does not fairly describe his whole tour. He mentions awards that he received and that he received a reenlistment bonus. He also mentions that he has been a good citizen since his discharge and has a full time job and does volunteer work. He believes his offenses were  only isolated offenses and his ability to serve was impaired because of marital problems and financial problems due to supporting 2 households. The record indicates the applicant received two Article l 5s for  being disrespectful in language and deportment toward a NCO twice. He received a Vacation action under the UCMJ for failure to go, and he received two Letters of Reprimand for financial irresponsibility, making a false official statement and failed to comply with a direct order. The DRB took note of applicant's duty performance as documented by his performance reports and other  information  contained  in the records. They found the  seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons that were the basis for this case. The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity in his discharge was found in the course of the hearing.  The Board concluded the 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 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