AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE

AFSN/SSAN

TYPE	PERSONAL  APPEARANCE	x	RECORD  REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON	GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A95.00

INDEX NUMBER

A67.10

APPLICATION FOR REVIEW OF DISCHARGE OF NOTIFICATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
HEARING DATE	CASE NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

21 Nov 2003	FD-2003-00427

Case heard at Washington, D.C.

PERSONAL  APPEARANCE

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 Affi FORCE DISCHARGE REVIEW BOARD
1535COMMAND 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-2003-00427	

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 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 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 drinking alcoholic beverages while under the age of 21. He also received a Vacation action under the UCMJ for providing alcohol to a minor. Additionally, he received five Letters of Reprimand and four Records  of Individual Counseling for receiving a parking ticket, a traffic ticket, financial irresponsibility, being late for work repeatedly, making a false official statement, failure to go and failure to attend a mandatory appointment. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his/her 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