AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
,. .ll l &t.

GRADE	AFSN/SSAN

TYPE

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A92. 15 A92.21

INDEX NUMBER

A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

HEARING  DATE	CASE NUMBER

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

24 Sep 2003

FD-2003-00307

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

SAF/MRBR
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, JRD 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

FD2003-00307

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 applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for conduct prejudicial to good order and discipline. He had two Articles 15, a vacation of suspended punishment, a Letter of Reprimand, and a civilian court conviction. His misconduct included stealing, failure to obey orders and general regulations viewing pornographic material on a government computer, and leaving the scene of an accident with personal injury. At the time of the discharge, member waived his right to consult counsel and submit matters in his own behalf. Applicant now contends he did as many good things during his enlistment as bad, although he concedes he was responsible for the bad decisions he made while in the Air Force. The Board found this issue without merit. The Board noted member was given several opportunities to correct his behavior but was either unwilling or unable to do so.  Member was age 19 when his misconduct occurred, the same age as other airmen who honorably complete their service without misconduct. There was no evidence he was immature, or didn't know right from wrong. The Board determined member was responsible for his actions and was held accountable for them because his misconduct was disruptive to the unit. The Board did not find sufficient mitigation to warrant an upgrade, and 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.

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