-	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FJRST MIDDLE INITIAL)
11111 .

GRADE	AFSN/SSAN

PERSONAL APPEARA NCE	x	RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRl:SS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x
x
x

ISSUES	INDEX  NUMBER

l	ORDER APPOINTING THE BOARD

A94.05	A67. 10	2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ll!CARING DATE	CASE NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

19 Aug 2003	

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:	FROM:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL Am FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING, JRD FLOOR ANDREWS AFB, MD 20761 7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition will be used

-

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0279	

GENERAL: lbe 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 perti nent 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 that would justify a change of discharge.

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for breaking a no-contact order.  He also received a Vacation action under the UCMJ for discussing matters concerning an investigation with a potential witness; failure to obey an order and for making a false official statement.   He also received one Letter of Reprimand, one Letter of Admonishment, and two Letters of Counseling.  The records are missing the discharge documents so we do not know why he received these other letters.  The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The  characterization of the discharge received by the applicant was found to be appropriate.  If he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  If he 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.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety that would warrant an upgrade.

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