AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OJt SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
•us •n1•i
TYPE

-GRADE

AFSN/SSAN

11•111·•

PERSONAL  APPEARANCE	X   RECORD REVIEW

NAl\IE OF' COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x x x

BEARING DATE
27 JUN 03

CASE NUMBER
FD2003-0060
2	
APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

RK:S
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 781504742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
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.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

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 does not contest his discharge; he states that he was going through a bad divorce and now he wants to enlist in the U.S. Army. The record indicates the applicant received two Article 15s, the first for failure to go. The second one was for writing bad checks. In addition, he received six Letters of Reprimand for failure to go on numerous occasions, failure to maintain living quarters within military standards (twice), failure to provide sufficient vehicle insurance, and taking a smoke break at an unauthorized time. The Board admires the fact that the applicant wants to reaffiliate with the militruy, however, there was no inequity or impropriety in his discharge and wanting to enlist in the Army is no reason to change the characterization. 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