AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
11]IfPl IHQ I r

AFSN/SSAN

TYPE:   GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
i ' NAME OF COUNSEL AND OR ORGANIZA TlON	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x

ISSUES

A94.53

MEMBER SITTING	HON

INDEX NUMBER	A67. 10

GEN

UOTHC

OTHER

DENY
x x x x
x

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

16 Oct 2003	FD-2003-00348

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 Affi 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

FD-2003-00348	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change his reenlistment code.

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 and change of reenlistment code are 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 that would justify a change of discharge.

ISSUE: The records indicated applicant received a general discharge for minor disciplinary infractions. During his brief 6 months and 28 days of service he had eight Letters of Reprimand and two Letters of Counseling. His misconduct included multiple instances of sleeping in class, habitually failing to come to class prepared thus holding up the entire class' progress, multiple dress and appearance violations, missing a medical appointment, and violating Non-Prior Service Airmen Phase Program Policy. Additionally he was counseled about his unsuccessful study habits, lack of alertness and note-taking in class, multiple missed or late assignments, low block test scores, eating in an unauthorized location, and not following orderly room sign-in and sign-out procedures before and after appointments. Due to these various matters, member was "washed back" in training and it was noted he needed a "total" readjustment before being able to proceed through the course. At the time of the discharge, member waived his right to consult counsel or submit statements on his own behalf. The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change his repetitive negative behavior. The Board further concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. 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 applicant cited his desire to return to military service asjustification for upgrade. While the Board commends applicant on this desire and was sympathetic to the impact the general discharge and reenlistment code are having on the applicant, this is not a matter of inequity or impropriety that warrants 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