-

.	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

AIC

TYPE GEN

YES	I	No
I x

I	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANJZA TION

MEMBER SITTING

x	I	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

HON	G EN	UOTHC	OTHER	DENY

r...

·······	x
x x x
x

ISSUES- - - -A.95.-oii- ------------. -iNDEX ;,-UMBER- - _;...A 6_7.l-O----------t..s..c...>7"· "·.----;Ex">1' ' _°1J B .l;T ;: S"·°s '"U" l!c.l:\lJ: n = .;.;I;!;D :;cT; ;;,:/·-.:·"T"'\°!:E";.'1"r•o'•"A""R!·D;·;·;·c·c·•'"•".•..•,.."•'•"".'..=.. 1
I	ORDER APPOINTING THE BOARD
2	APPLJCATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE

CASE NUMBER

I 12 Jan 2004	FD-2003-00449

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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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78I 50-4742

FROM:

SECRETARY OF THE AIR FORCE PERSON EL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDRE"'S 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-2003-00449	

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. The Board finds that neither the evidence of record nor that provided by the applicant substantiates an ineqyity 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 three AETC Forms 341 for failure to complete his homework, six DDIFLC Forms 864 for continuous failure to complete his homework, one Letter of Counseling for failure to complete his homework and for being late for class, four Letters of Reprimand for failure to properly prepare for class, unacceptable behavior in class, sleeping in class and for being disrespectful to an instructor and classmates by immature and unprofessional conduct in class, five AETC Forms 173 for sleeping in class numerous times, failure to follow classroom procedures, failure to maintain area neat and tidy before break and returning to class late from break, a Memorandum For Record for walking in the opposite direction of formation and lying to a SNCO about having an appointment, and a AETC Form l 25A for elimination from Air Traffic School due to academic deficiencies. 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