AfR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

PERSONAL  APPEARANCE	X    RECORD REVIEW
CQUNSEL	NAME O•' COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANl:/'.A TION OF COUNSEL
YES	NO
x

YOTE OFTllE llOARD'
MEMBERS SITTING	UOTHC

OTHER

DENY
x x x x x

HEARING DATE
31 JUL 03

A67.90

CASE Nl'.JMBER
FD2003-0l59

EXHIBITS SUBMITTED TO THE BOA
t	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 AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL  APPER ANCE  HEARING VIEW BOARD DECISIONAL' RATIONALE.

REMARKS
Case hea rd 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 78I 50-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3ru:> 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	CASt:NUMBER

FD03-0159	

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 app1icant and the factors leading to the discharge.	l

FINDINGS: Upgrade of discharge is denied.

'Ibe board finds that the applicant submitted no issues contesting the equity or propriety of the discharge,
and after a thorough review of the record, the Board was able to identify none that woul d justify a change of discharge.
,.

ISSUE:  The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant had received four Article 15s. The first one for being disorder1y and for willfully and wrongfully damaging two shirts by putting shoe polish on them; the second one for being present in a dorm area designated for the opposite sex without the prior approval of a staff member; the third one for disobeying a direct order; and the fourth one for using a racial slur toward a SSgt  Additionally, he received a Vacation action for a . previous action under the UCMJ for a racial slur.  The J3oard concluded the disciplinary infractions were a significant departure from the conduct expected of all military members.  The Board found no evidence of impropriety or inequity in this case on which to base an upgrade of 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.

Inview 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