AIR FORCE DISCHARGE,REVIEW BOARD HEARING RECORD ,

NAME OF SERVIO:MEMBER (LAST, FIRST MIDDLE INITIAi,)
a

GRADE

AlC

AFSN/SSAN

PERSONA L APPEARANCE
NAME OF COUNSEi,AND OR ORGANIZATION

X  Rll:CORD R EVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x x x

JNO.'.)( NUMBER
A92.21, A94.53	A67.00

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICAI10N
2	
IH:ARING DATE
25 JULY 2003

RF.MARKS

CASE NUMBER
FD2003-00222
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

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.

· '
' I

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 31ID 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	CASE NUMBER

FD2003-00222	

GENERAL: The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS: Upgrade of discharge is denied.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety tha,t would justify a change of discharge.

Issues. Applicant was discharged for  misconduct, discreditable involvement with military or civil authorities. He had an Article 15, eleven Letters or Records of Individual Counseling, and three Letters of Reprimand. His misconduct included at least three instances of failure to go or being late for work or appointments, a dress and appearance violation, financial irresponsibility and failure to pay just debts, and dereliction of duty. Member also had at least four  unsatisfactory progress periods on the weight management program. At the time of the discharge, member consulted counsel and submitted a conditional waiver of his right to an administrative discharge board hearing conditioned on receipt of no less than a general (under honorable conditions) discharge, which was granted. The Board noted member had had at least five separate opportunities to improve his behavior over a 12-month period during the enlistment from which he was discharged, and he was age 24 and 25 when his offenses occurred, the same age as other airmen who adhere to standards He was  counseled repeatedly in an effort to help him correct his deficiencies. In spite of those rehabilitative efforts, he was unwilling or unable to improve his behavior. The Board concluded appl icant knew right from wrong and was responsible for his actions, and therefore was held accountable for them. No inequity or impropriety was found in this discharge in the course of the records review.

Applicant cited his post-service conduct and good citizenship since discharge. However, this evidence is not relevant to the period of service under review and therefore, does not provide a basis for an upgrade. Although applicant has matured and his conduct may have improved, this alone is insufficient to overcome the factors that were the basis for 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.
t	:
In view of the foregoing findings the board further'' oncludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.	I
Attachment: Examiner's Brief