AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSNISSAN

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AB
PERSONAL  APPEARANCE	x	RECORD

.- - - - - - - - - - - - i
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REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN	uornc

OTHER

DENY

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ISSUES

A94.SJ AOJ.43

INDEX NUMBER

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x x x
x
A67.IO
A42.00	1	ORDER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

BEARING   DATE	CASE  NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

24 Sep 2003	FD-2003-00292

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

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SAFIMRBR
SSO C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRJ:TARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING, JRD FLOOR
ANDREWS AFB. MD 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00292	

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 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.

Issues. Applicant was discharged for minor disciplinary infractions and a mental health disorder. He had two Articles 15, a vacation of suspended punishment, four Letters of Reprimand, and two Records of individual counseling. His misconduct included twice failure to go, failure to follow instructions, a dress and appearance violation, financial irresponsibility, and three instances of disobeying a lawful order not to drive his privately owned vehicle on base. Member's one Enlisted Performance Report was rated an overall "3" and noted  he needed to be more receptive to his supervisor's comments and advice to be more productive. Member was also permanently decertified from the Personnel Reliability Program for failure to pay debts to six different loan institutions. Additionally, member was diagnosed with an anti-social personality disorder at that time. The copy of member's discharge file available to the Board for review was incomplete, therefore the Board was unable to ascertain further details about member's misconduct or mental health diagnosis. The Board also could not determine if member consulted counsel, although they noted he waived his right to submit statements on his own behalf at the time of the discharge. Lacking evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis for an upgrade. No inequity or impropriety could be found in this discharge in the course of the records review.

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