AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, l'IRST MIDDLE JNITIAL)

.   TYPE

-GRADE	AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
COjTNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDJH:Ss AND OR ORGANIZATION OF COUNSEL
YES	NO
x

VOTE OF TUE BOARJ)
MEMBERS    SITTING	HON	GEN	UQTHC

OTHER

DENY

;;;;:--------------+-----+-----+----+	I

x·"
x x x x

ISSUES

INDEX NUMBER

EXHIBITS Sti!lMffTED.TQ THE BOARD

A93.09

A67.l0	l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
11 JUL 03

CASE NUMBER
FD2003-0089

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

TAPE RF.CORDING OF PERSONAL APPERANCE HEARING
Al>I'.LICANTS ISsDE AND nm BOSDECISl()NAL RATIONAL ARE PI$CUSSED Ol:f ll!E ATTAC!iED.AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RAllONALE

REMARKS
Case heard at Washington, D.C.

Advise applica nt of the decision of the Board, the right to a personal appeara nce with/without counsel, and the right to submit an application to the AFBCMR.

SIGNATURE OF RECORDER

-	-	-	 	

TO:
SAFIMIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00	(EF-V2)

DATE: ll JUL 03

SECRETARY OF THE AIR FORCE PERSOJ\.'NEL 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

FD03-0089	

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 it was too harsh because he and his wife were going through a divorce and he would like his Veterans benefits. The record indicates the applicant received an Article 15 for, with intent to deceive; making an official statement that he knew was false. In addition, he received three Letters of Reprimand for falsifying a government form, lying, failing the ergometry test, failed to attend a mandatory meeting, and failed to comply with military standards of appearance. In addition, he received six Letters of Counseling for failure to maintain his quarters (twice), inadequate work performance, failure to properly follow instructions, being late for a mandatory meeting, and for failing his room inspection. The DRB recognized that the applicant was going through a divorce early in his career; however, there is no evidence he was immature or did not know right from wrong.  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 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: Exarniner1s Brief