AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR OQCANJZl\TION OFCOUNSEL

MEMBER SITTING

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.	.
HON	GEN	UOTHC

- " -·---r  ·----

OTHER	DENY

X+* X+*
X+* X+*

ISSUES

A93.23 A92.35 A92.03 A94.55

INDEX NUMBER

A67.30
A28.10	1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTlFICATION
4 BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X+*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING  DATE	CASE NUMBER

17 0ct 2013	FD-2013-00460
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Case heard in 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.

Names and votes will be made available to the applicant at the applicant's request.

+Narrative Reason

-

*Reenlistment Code

t
TO:
SAF/MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX7815-0-4742

.	.	.- --·- - ·- ----- ---- -- -- ·.
FROM:
SECRETARY OFlllEAIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EE WING,JRD Ft.0011
ANDREWS AFB,MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00460	

GENERAL:	The applicant appeals for upgrade  of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal  appearance before the Discharge  Review Board (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING:	Upgrade  of the discharge,  change of reason  and authority  for discharge,  and change  of reenlistment code are 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:  The applicant was discharged with an under honorable conditions (general) discharge for Commission of Serious Offense: Other Serious Offenses and Conditions that Interfere with Military Service: Mental Disorder. Applicant contends his discharge was inequitable because it was based on one time  personal hardship in over four and a half years of service with no other adverse action. He also contends his discharge was improper because there was no consideration of the known effects of the prescription medication he was taking, which caused his actions to be notably out of character from his normal behavior. He also admits that he didn't contest the discharge at the time because he was experiencing severe family hardship, was depressed, and felt he was a victim of harassment from his Commander. The records indicated the applicant received an Article  15 and three Letters of Reprimand. His misconduct included
communicating indecent language to a Lieutenant Colonel, drunk and disorderly, physical assault of two Airman, used provoking words towards another airman, resisted arrest from Security Forces, used extremely poor judgment by leaving wingman, and poor fitness scores (3x). The Board took note of the applicant's medical history and while a mental disorder discharge basis exist, AFI 36-3208, paragraph 5.11, specifically states that a mental disorder discharge is not appropriate as the sole basis of discharge if the airman's record would support discharge for another reason, such as misconduct or unsatisfactory performance. In addition, the Staff Psychiatrist stated, the applicant's ability to function effectively in the military environment is significantly impaired and therefore is not suitable for retention in the Air Force. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief