AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AlC

15!1	:,·

YES	No
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A94.53

INDEX NUMBER

A67.10

A92.21	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 SU BMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE l'IUMBER

23 Jan 2004	FD-2003-00492

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]	tLJ_ _ /.?._ _ _ _ ...................-·.........

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

SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIE"l' BOARD
l S35 COMMAND DR, EE WING, lRD FWOR
ANDREWS AFB, MD 10761 7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2003-00492

1

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 1. Applicant was discharged for minor disciplinary infractions.  The records indicated the applicant received two verbal counselings, four Letters of Reprimand, two Letters of Counseling, and had an Unfavorable Information file for misconduct.  His infractions included speeding, parking in a fire lane, twice reporting for work unshaven, four instances of failure to go or being late for work, a loud noise complaint in the dormitory, and failure to obey an order from the First Sergeant regarding compliance with established leave policy and procedures.  At the time of the discharge, applicant consulted counsel and submitted a statement in his own behalfrequesting retention.  Applicant doesn't dispute his misconduct, noting he made some regrettable mistakes and blames no one but himself.  The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change his negative behavior and was unwilling or unable to do so at the time.  The Board concluded the misconduct was a departure from conduct expected of all military members, and while member was age 21 -22, there was no evidence he was immature or did not know right from wrong.  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 characterization of the discharge received by the applicant was found to be appropriate.

Applicant notes his post-service activities.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, this does not constitute an inequity or impropriety on which to base an upgrade.  The Board concluded the misconduct of the applicant appropriately characterized his service.

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