AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
- f--	..-	-.-	-.-	--;

f NAME OF SERVICE MF:MBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN
UI UllJl lb

TYPE: GEN	PERSONAL  APPEARANCE

RECORD REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

'--------------------------------

·--------------------------------

HON	GEN	UOTHC	OTHER

DENY
x x x
x
x

ISSUES

A94.53

INDEX NUMBER

A67.90

A92.21	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
20 Nov 2003	

Case heard at Washington, D.C.

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL APPERANCE

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, 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

FD2003-00407	

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 misconduct, conduct prejudicial to good order and discipline. He had two Letters of Reprimand (LOR), two Records of Individual Counseling, an Article 15, and a vacation of suspended punishment. His misconduct included two instances of failure to obey a lawful order, lying, a failed dormitory room inspection, damaging a government vehicle and leaving the scene of the accident, and sleeping on duty. These occurred over a 17-month period of time. At the time of the discharge, applicant submitted a statement on his own behalf admitting his wrongdoing and noting he didn't use common sense. He further noted his positive contributions to the Air Force and requested probation and rehabilitation, which was denied. Applicant says he now gladly accepts the punishment he received, but would like a second chance with his life. The Board noted that when his misconduct occurred, member was the same age as other airmen who had adhered to the standards, and in spite of the unit's efforts to help member correct his deficiencies, he was unable to conform to standards and his misconduct continued. The Board noted he was counseled by his unit several times and had many opportunities to improve his behavior. He failed to respond to those rehabilitative efforts, so he was held accountable for his actions. No inequity or impropriety was found in this discharge in the course of the records review.

Applicant cited his desire to receive his GJ. Bill education benefits as justification for an upgrade. While the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter of equity or propriety 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