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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FlRsr MIDDLE INITIAL)

GRADE	AFSNISSAN

X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUJ\'SEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x
x
x

ISSUES

A93.23

INDEX NUMBER

A66.00 A67.0S

1	ORDER APPOINTING TiiE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TlME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

lO Jan 2014	FD-2013-00521

Case heard inWashington, 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.

TO:

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

FROM:

SECRETARY OFTHEAIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCllARGE REVIEW BOARD 1535COMMAND DR, EE WING,3RD FLOOR ANDREWS AFB, MD 20762-7001

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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	FD-2013-00521

GENERAL: The applicant appeals for upgrade of discharge to general

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: The Board denies the upgrade of the discharge.

ISSUE:	Applicant received An Under Other Than Honorable discharge for Misconduct-  Drug Abuse and Misconduct- Discreditable involvement with military or civil authorities

Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh. Applicant contends that he was mentally illprior to the patterns of misconduct.   The records indicated the applicant received a Special Court Martial for misconduct.  His misconduct included; failure to go to duty on time (2x), use of spice, failure to obey USFJ Command Policy regarding curfew (2x), with intent to deceive, made false official statement to another airman, and broke restriction. The medical record reflects that member did have a history of adjustment disorder and was on medication for depression and anxiety.  The Board opined that the applicant's mental health condition did not predicate or mitigate his instances of misconduct and The DRB opined that through administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board noted the applicant was entitled to an administrative discharge board, but waived his right and did not submit a statement on his behalf in regards to his discharge.   The Board concluded the applicant's misconduct was a significant departure from conduct expected of all  military members

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