AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE

AB

PERSON AL APPEARANCE	X   RECORD REVIEW

COUNSEL
YES	NO
x

NAME Ol' COUNSEL AND OR ORGANIZATION

AIJIJRESS ANIJ OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC

OTHER

IJENY
x x x x x

ISSUES
A93.09

HEARING DATE
31 JUL 03

INDEX NUMBER
A67.10

CASE NUMBER
FD2003-0158

EXHIBITS SUBMITTED TO THE BOARD
I ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED Al TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL Al'l'ERANCE HEARING
APPUCANT'S ISSUE AND THE BOARD'S DECISIONAL RA.TlONAL A.RE !JlSCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case hea rd at Washington, D.C.

Advise applica nt of the decision of the Boa rd, the right to a persona l appea ra nce with/without counsel, and the right to
submit an application to the AFBCMR.

SIGNATURE OF RECORDER
··'

TO:

SAF/MIBR

-   -  --	 	
INDORSEMENT	DATE:  31 JUL 03
VROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL

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

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  RATIONAl,E	CASf: NUMBER

FD03-01 58	

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

'Ole 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.	J

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 of personal  problems. The record indicates the applicant received two Article 15s, the first one for failure to go and for being AWOL. The second one for being AWOL, leaving his duty station without permission, failure to go, being disrespectful and disobeyed an order. In addition, he received a Vacation action for a previous offense under the UCMJ. The Board was sympathetic to the applicant's marital stress and family  separation  he was  experiencing while on active duty, but neither are valid reasons to disregard Air Force rules and regulations to which all members are expected to adhere. 'lbe 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