AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

TYPE	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

GRADE	AFSN/SSAN
JI	d i
x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION 01' COUNSEL

YES
x

Upgrade Discharge

Deny Deny Deny Deny Deny

ISSUES

INl>J; X NUMBER

1	ORDER APPOINTING THE BOARD

A95.00

HEARING DATE

A67.90	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
CASE NUMBER	ADDITIONAL EXHIBITS SUBMITIED AT TIME OF

12 Aug2003

FD-2003-00258

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

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

TO:	l'ROM:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF ntEAIR FORCE FERSONNEL COUNCIL
Al"R FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3JID FLOOR ANDREWS AFB, MD 207,2-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00258	

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: Upgfade of Discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: The applicant submitted no issues and requested that the review by 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 applicant received an Article 1S for being derelict in the performance of his duties in that he willfully failed to wear a bicycle helmet while operating a bicycle and for failure to go. He also received a Vacation action under the UCMJ for being derelict in the performance of his duties in that he willfully failed to maintain his dormitory room in accordance with Air Force standards. Additionally, he received six Letters of Reprimand for being apprehended for driving with a suspended license and no vehicle registration, reporting late for work, not shaving, lying, failure to obey an order, possession of an unauthorized pet in his dorm room, failure to report to duty, sleeping on duty and failure to perform his duties. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative/repetitive behavior. The Board 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.
f
In view of the foregoing finding the board further concludes that there exists no legal of equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief