AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

AlC

PERSONAL  APPEARANCE

X  RECORD REVIEW

OF COUNSt;L AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION O•'COUNSEL

x x x
x
x

HEARING DATE
8 AUG 03

CASI; NlJl\tBEll
FD2003-0176

1	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 APPERANCE HEARING

s
Case beard at Washington, D.C.

Advise applicant ofthe decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

SAFIMIBR
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 WINO, 3ru:i FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0176	

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 a,vailable 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.

ISSUES: Applicant contends his discharge was inequitable because it was based on one isolated incident in 50 months of service with no other adverse actions. This issue is without merit. The applicant received an Article 15 for failure to go on two separate occasions and for making a false official statement.  He then had a Vacation action under the UCMJ for failure to go. The Board found no evidence of any inequity  or impropriety on which to base a decision to upgrade the discharge. Ifhe can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board. Ifhe 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.

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

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