-·	A_IR F_O_R_C_E_D_1_s_c_u_A_R_G_E_REVIE_W B_O_A_R.D.-H_E_A_R_I_NG REc_o_R_D -,-	--i

1'	AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AMN

AFSN/SSAN
•n	II

PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OFCOUNSEL

MEMBER SITTING

·-··----- ··--- -··----- ··----- ··

HON	GEN

uornc

OTHER

DENY
x x x x
x

ISSUES	A94.53

INDEX NUMBER

A67.10

1	ORDER APPOINTING TilE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER 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

13Jan 2004	FD-2003-00479

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.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _]_ _ _ _ _ _ _ _ _ _ _ _ _ _ _L".:)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ;

.

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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 WlNG, lRD FLOOR ANDREWS AFB, MD ZD76l-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00479	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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. Applicant was discharged for minor disciplinary infractions. The records indicated the applicant received an Article 15 and a Letter of Reprimand. His misconduct included failing to adhere to "call to quarters" by remaining outside his room, and stealing a check valued at less than $500, and benefiting from services received as a result of the use of that stolen check. Additionally, applicant failed two of his fundamental course objective block tests in technical training, was counseled on his deficient academic performance, was placed in academic probation and sent to the learning center to improve his study habits but without a positive result, had a hard time staying awake in class, and put forth only minimal effort, thus resulting in his disenrollment from the course without recommendation for retraining or reinstatement. At that time, applicant indicated he had some personal problems and separation from the military would better allow him to handle those problems. The DRB opined that through the unit's administrative actions, the applicant had opportunities to change his negative behavior. The Board concluded his misconduct was a departure from conduct expected of all military members and the characterization of the discharge received by the applicant was appropriate. 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.

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