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AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AB	d	II 1 111 1

TYPE

PERSONAL  APPEARANCE	X   RECORD REVIEW

€p]JNSEL
/'  «'0- -
·	YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADl>RESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING	HON

GEN

DENY
x x x x
i X

INDEX NUMBER
A95.00	A67.l0

EXHlB	EDTO THE BOAR_,
1	ORDER APPOINTrNG THE BOAR D
2	APPLICATION FOR REVIEW OF DISCHARGE
1	

HEARING DATE
4 NOV 03

CASE NUMBER
FD2003-0375

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 APPERANCE HEARING
APf'LlCANT'S ISSUE AND THE SOARD.'S.DECISJONAL RATIONAL	DISCUSSED ON TIIE ATIACHl!D AIR FORCE DiSCHARGE REVIEW BOARDDEClStONAL RATION)\l.E.

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

DATE: 4/ov 03

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCii, AIR FORCE DISCHARGE REVIEW BOARD
I 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	CASE NUMBER

FD-2003-00375	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the 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 reenl istment 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.

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.

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 received an Article 15 for being derelict in the performance of his duties; by wrongfully wearing an unauthorized pager on his uniform, and for playing loud explicit and offensive music in the workplace. Additionally, he received three Letters of Reprimand, two Records of Individual Counseling, and six Memorandum's for Record for not wearing a seat belt, being disrespectful to a senior NCO, needing a shave, improper wear of the uniform, failure to obey a lawful order, having a negative attitude towards customers, unauthorized absence, financial irresponsibility, being late for work, and unauthorized use and abuse of the internet system on government computers. 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 applicant's discharge should not be changed.

Attachment: Examiner's Brief