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A67.10
1	
ORDER APPOINTING THE BOARD
2	APJiLlCATION FOR REVIEW OF DISCHARGE
1	

iitAIUNC i>Afi:
01--02-27

CASENUMBER
FDOl-00010

3	LEITER OF NO.JlflCATlON
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TOTHE BOARD
.EXHIBITSSUBMITIBDAT TIME OF
PERSONAL APPEARANCE

lll:i\IAJUCS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the rightto a personal appearancewitb/witbout counsel, and the right to submit an application to the AF'BCMR

SAF/MIBR.
ssoc STREETWEST I SUITE40 RANOOLPII AFB, TX 78150-4742

SECRETARYOF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
!535 COMMAND DR. EE WING, 3m FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, Jt.\N" 00	(EF-V2)	Previous edition will be used.

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER	

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

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.
The attached brief contains	pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: Upgrade of discharge is denied.

The Board finds that neither the evidence of record or that provided by the applicant substantiates an inequity or impropriety that would justify a change of the discharge.

Issues.  Applicant was discharged for misconduct, minor			infractions. He had five Letters of Reprimand, and two Articles 15. He also had an Unfavorable Information File and referral “2” Enlisted Performance Report. His misconduct included multiple incidents of disobeying lawful orders, an assault on his wife, writing bad checks, and failure to pay just debts. In member’s reply to the discharge action he requested retention and contended all of his misconduct was related to his marital problems, and that his unit was not understanding of or helpful regarding his	The Board noted that all of his incidents of misconduct occurred during the period November 1994 to February 1995. This coincides with the period of time member was undergoing divorce proceedings. The Board		noted however that the applicant was age 22 and 23 when his misconduct occurred, which is essentially the same age as most first term airmen who do not engage in misconduct; and there is no evidence of record he did not know right from wrong. Furthermore, the Board	that	marital problems may have had some bearing on his misconduct, but his problems were not unique and the Board did not find them of sufficient mitigation to explain his misconduct. There was no evidence that he used available agencies such as the Chaplain or Family Support Center to help him cope with the situation. No inequity or impropriety was found in his discharge in the course of the records review.

Member also cites his post-service achievements raising his children, working on his college degree, and as an accounting supervisor with a large firm. The Board commends applicant for these accomplishments, but this information is	to overcome the factors that were the basis for discharge, and are not relevant to the period of service under review. It therefore does not provide a basis for upgrade

If the applicant can provide additional documented evidence to substantiate his issues, he should consider exercising his right to make a personal appearance before the Board. If he chooses to do so, he should be prepared to provide the Board with evidence of an inequity or  impropriety, and any post-service accomplishments and contributions to his community.

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’sBrief