AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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lb

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

AMN

PERSONAL  APPEARANCE	X    RECORD REVIEW
ME OF COUNSEL ANO OR ORGANIZATION	ADPIH.:Ss AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

x x x x

A94.0S	A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
24 JUN 03

CASE NUMBER
FD2003-0188

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

TAPE RECORDINO OF PERSONAL APPERANCE HEARING

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.

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 WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0188	

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 states his discharge was inequitable because it was based on one isolated incident in 26 months of service. The record indicates the applicant received an Article 15 for failure to go. He also received a Letter of Reprimand and a Letter of Admonishment for dereliction of duty, a Verbal Counseling for financial irresponsibility, a Memorandum for Record for dereliction of duty, bad attitude, and being disrespectful to an NCO. He also received a traffic ticket for speeding and another Verbal Counseling for failure to follow procedures. These several minor disciplinary infractions  are  clearly  not  an  isolated incident. The Board concluded the applicant's misconduct was a significant departure  from  conduct expected of all military members. The characterization of the discharge received by the  applicant was fowtd 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: Examiner's Brief