AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

PERSONAL  APPEARANCE	X	RECORD REVIEW

ADDRESSANDOR ORCANIZATION OF COVNSEL

MEMBER SITIING

HON	GEN	UOTHC	OTHER

DENY
x x x
x
x

ISSUES

AOI.07

INDEX NUMBER

A93.19

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONA L EXHIBITSSUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARJNC DATE	CASE NVMBER

01 May 2014	FD-2014-00055
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Case heard in Washington, D.C.

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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 voteswill be made available to the applicant at the applicant's request.

TO:

SAFIMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB,TX 78150-4742

SECRETARY OF 111EAIR FORCE PERSONNEL COUNCIL AIR FORCI: DISOfARCE REVIEW BOARD
1536 COMMAND DR. EE WINC,3RD FLOOR ANDREWS"'11,MD  20762-7001

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

CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE        FD-2014-00055

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

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 following additional matter were considered at the hearing:
Exhibit #1: Applicant's DD Form 214, showing issuance of AF Good Conduct Medal Exhibit #2: Recommendation for Discharge Memorandum, dated 8 Apr 11
Exhibit #3: Highlighted excerpt from AFI 36-3208

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

FINDING: The DRB finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety that would justify a change of discharge. Therefore, the Board denies the upgrade of the discharge and change of reason and authority for discharge.

ISSUE: The applicant received a general discharge for failure in alcohol abuse treatment: refusal to participate in the program.

The applicant contends his discharge was improper because his Air Force Good Conduct Medal, which reflected his personal behavior and characterization of the majority of his service, was not presented to the Special Court-Martial Convening Authority for consideration. The record indicates the applicant was eligible for the Air Force Good Conduct Medal in January 2010, after three years of continuous active duty service. The record shows that from February thru November 2010, the applicant received five (5) Letters of Reprimand, and one (1) Article 15.

The DRB took note of the applicant's duty performance as documented by his performance reports, awards and other accomplishments. They recognized the fact that the applicant's behavior and characterization for the first three years of his service were honorable, appropriately awarding him the Air Force Good Conduct Medal. However, the Board took note that his misconduct took place after such award and concluded the applicant's misconduct outweighed the positive aspects of his time in the Air Force. The Board determined the discharge was appropriate for the reasons which were the basis for this case and decided that this error did not constitute prejudicial error, i.e., there was not substantial doubt that the discharge would have remained the same if the error had not been made.

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