.	AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
"

NAME OF SERVICE MEMBER (J;AST, FIRST MIDDLE INITL\J,)	GRADE

AFSN/SSAN

'   YES	NO
x

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF

MEMBERS SITTING	!JON

.. VOTE OJrnu; BOARD GEN	UOTllC

OTHER

DJ<:NY

!   X
x x x x

J1£ARING DAU:
9 JUL 03

lNDEX NUMBER
A67.IO

CASE NUMBER
FD2003-0155

EXIDl!ITS SU$!\JlTfED TO THE BOA,11.D
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DJSCHARGE
3	LETTER OF NOTIFJCA TION
4	BRIEP OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH!BlTS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
Al>PLICAN;l:'S ISSUE AND:fHE BOARtlJS DECISIONAi. RATIOl'ti\.I. ARE D!SCUSSEDOJ)I THE ATTACHED AIR FORCE D!SCffi\RGE REVIl,;W BOARD DECISIONAL RATIONALE.

REMARKS
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 78150-4742

FROM:

IlATE 9. JUL03
SECRETARY OF TI lE 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.

t

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0155	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, change the Reason and Authority for discharge and change the RE Code.

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 contends that his discharge was too harsh because he was going through a divorce at the time and he was under a great deal of stress. The record indicates the applicant received an Article 15 for being disrespectful in language and deportment toward an NCO. He also received two  Letters  of Reprimand for being disrespectful to a superior NCO.  If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. If he should choose to exercise this right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual evidence of the inequity and any exemplary post­ service accomplishments as well as any contributions to the community. 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