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

TYPE GEN

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AIC
x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
···························

---------+--HON--+

GEN

UOTHC -+

OTHER
-+

DENY
-I

············- - -	---

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---

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x
x x x
x

ISSUES

A94.53 A92.37

ll'lDEX NUMBER

A67.10

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

HEARING DATE	CASE NUMBER

ase heard at Washington, D.C.

dvise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to ubmit an application to the AFBCMR.

--------------	-------- -· -------------------------------------------------------------   .	

SAF/MRBR
550 C STREET WE	• SUITE 40
RANDOLPH AFB, TX 78150-4742	

SECRETARY OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, lRD FLOOR
ANDREWS AFB, MD 20762--7002	

08 Jan 2004	FD-2003-00478

C

A
s

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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

CASE NUMBER

FD-2003-00478

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 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 1. Applicant received a general discharge for minor disciplinary infractions. The records indicated the applicant received two Letters of Reprimand, nine Records oflndividual Counseling and two AETC Forms
341.  His misconduct included four instances of failure to go, two dress and appearance violations, four dormitory room inspection failures, a violation of Technical Training phase policies, and failure to update his locator card.  A record of administrative training action indicated member was unable to consistently meet standards outside of the classroom and was unwilling to accept responsibility for his actions.  At the time of the discharge processing, member submitted a statement accepting responsibility for his infractions
and noting that his transition to military life was simply taking longer than it did for other members.  He also noted his infractions were minor and requested to be retained.  The DRB opined that through the unit's numerous administrative actions, the applicant had ample opportunities to change his negative behavior and was either unwilling or unable to do so.  The Board concluded his misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was therefore found to be appropriate.

The applicant inferred he was told his discharge would automatically be upgraded in 4 months.  The DRB noted this common issue, the result of miscommunication.   While a discharge may be upgraded after 4 months, an upgrade is not automatic.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  In this case, none was found, so the Board denied the appeal.

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