AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

. NAME OF SERVICE MEMBER (LAST, l<"IRST MIDDLE INITIAi,)

TYPE

•GRADE

AFSN/SSAN

YES	NO
x

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COUNSI<:L AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

llON

GEN

VOTE OFTHE BOARD

UOTHC

OTllER

DENY
x x x x
x

ISSUES

INDEX NUMBER

EXijlBITS SUBMllTEP.TO THE BOARD

A92.01; A92.03; A94.53

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

HEARING DATE
18 Jul 03

CASE NUMBER
FD200300059

4	BRIEF OP PERSONNEL PILE COUNSEL'S
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL  N'PEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
Al!J'L!CANT'S ISSUE AND THE BoARD'S DECISIONAL RATIONt\L ARE DISCUSSED ON 1HE ATTACHED AIR :FORCE DISCHARGE REVl!lW llOARD DECISIONAL RATIONALE

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

DATE: l8 JUL 03

SAF/MJBR
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 WfNG, 31<o 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

FD2003·00059	

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 the 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. Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation 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.

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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief