AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
'·
saif	ii Ii i   • P
PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZA TJON

GRADE	AFSN/SSAN

AMN
X	RECORD REVIEW
ADDRESS AND OR ORGANIZA TJON OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A92.21

INDEX NUMBER

A67.10

A92.37	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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DA TE	CASE NUMBER

13 May 2004	FD-2003-00332

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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SAF/MRBR
550 C STREET WES  , SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSO,.,.'NEL COUNCIL
Am FORCE DISCHARGE  REVlEW  BOARD 1Sl5 COMMAND DR. EE WING, 3RD FLOOR ANDREWS AFB, MD 20702-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE  NUl\-IBER

FD-2003-00332	

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

ISSUES:

Issues.  Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant received an Article 15, two Letters of Reprimand, four Letters of Counseling, one verbal counseling, had an Unfavorable Information File, and was placed on the Control Roster for his misconduct.  His infractions included multiple incidents of failure to report to work, writing multiple bad checks, speeding and driving carelessly, smoking on duty in a non-smoking area, failure to pay just debts, and driving while intoxicated.  At the time of the discharge, member consulted counsel and waived his right to submit statements in his own behalf.  The DRB opined that through the unit's many 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 and the characterization of the discharge received by the applicant was found to be appropriate.

Applicant notes his many positive post-service activities.  The DRB was pleased to see that the applicant was doing well, has a good job, is pursuing his education, and is involved in his community.  However, this provides no basis of inequity or impropriety during the period of his service and does not warrant an
upgrade.  The Board concluded the misconduct of the applicant appropriately characterized his service.

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