AIR FORCE DISCHARGE REV IEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GR.ADE

AlC

AFSN/SSAI\

Il II

PERSONAL  APPEARANCE	X  RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS ANU OR ORGANIZATION OF COUNSEL

VOTE OF TllE.BOARD

HON

GEN

UOTHC

x

ISSUES
A95.00

HEARING DATE
30 JUL 03

INJ)f.)( NUMBER
A67.90

CASE NUMBER
FD2003-0285

F.X:IIllllTS SUBMITTED TO 'l'HE BOARI>
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFJCA TION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE  RECORDlNG  OF PERSONAL  APPERANCE   HEARING Af'PUCANT'S ISSUE AND THEBOMD[SPB9JS!ONAL RATIONAt AREDJS.CUSSED ON UIEA'.f:TACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.
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.

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

FROJ\1:

DATE: 30 JUL 03

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
J 535 COMMAND DR, EE WING, 3RD 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	CASt: NUMBER

FD03-0285	

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 the applicant submitted no issues contesting the equity or propriety of the discharge,  and after a thorough review of the record, the Board was able to identify none that would justify a change of discharge.

ISSUE:  The applicant submitted no issues and requested that the review be 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 had an Article 15 for sexual harassment involving several women.  He also received one Letter of Reprimand for sexual harassment involving several different women.  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.

In view of the foregoing findings the board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant1s discharge should not be changed.

Attachment: Examiner's Brief