AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

!ti

-GRADE

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
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ISSUES	INDEX NUMBER
A02.17, A02.09	A67.50

x x x x x
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
03-05-28

CASE NUMIJER
FD2003-00078

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

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and 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

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00078	

GENERAL: The applicant appeals for upgrade of discharge to general, under honorable conditions.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains 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 impropriety or inequity that would justify an upgrade of the discharge.

Issues. Applicant was discharged for a pattern of misconduct. Member, who was a Security Forces specialist, received three Articles 15 and four Letters of Reprimand, and a Letter of Counseling. His misconduct included dress and appearance violations, using his Security Forces badge in an inappropriate manner while harassing an underage civilian female and her friends, dereliction of duty and unauthorized use of security equipment, reckless driving, failure to obey lawful orders, failure to go to his appointed place of duty, sleeping on his post, disrespect toward a senior noncommissioned officer, and threatening to kill his commander and first sergeant. The board noted that member was recommended for an Under Other Than Honorable Conditions (UOTHC) discharge and after consulting his military defense counsel, submitted an unconditional waiver to his right to an administrative board hearing or to submit statements in his own behalf. Applicant now contends he had inadequate legal representation. The Board could find nothing in the record to substantiate applicant's contention. The Board concluded member's misconduct was an extremely significant departure from conduct expected of all military members, and not compatible with Air Force standards, nor those of the Security Forces career field. The Board could find no inequity or impropriety on which to suggest a basis 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