PERSONAL  APPEARANCE
NAME O.' COUNSEL AND OR ORGANIZATION

MEMBERS SITTING

X   RECORD REVIEW
ADDRESS A". ID OR ORGANIZATION OF COUl'iSEL

x x x x
x

ISSUES
A94.53, A92.37, A67.05

HEARING DATE
02-08-23

INDEX NUMBF.R
A67.50

CASE NUMBER
FD2002-0030

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIED AT  TIME OF PERSONAL APPEARANCE

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel. DD Form 149 submitted. The case will be fonvarded to the AFBCMR for further processing.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE RE VIEW BOARD 1535 COMMAND DR, EE WfNG, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONA LE

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

The applicant was offered a personal appearance before the Discharge Review Board but  declined  to exercise this right.

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

FINDINGS:  Upgrade of discharge, and change of reenlistment code, are denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the d ischarge, and after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for both unsatisfactory performance and a pattern of misconduct. Misconduct was the pri mary reason for discharge.  He had two Letters or Records oflndividual Counseling, a Letter of Ad monishment, two Letters of Repri mand, an Article I 5 and an Unfavorable Information File. His misconduct included multiple instances of disrespect to commissioned and noncommissioned officers, failure to go on at least two occasions, dereliction of duty, and falsifying official documents with intent to deceive. His record indicated he had been counseled repeatedly for being argumentive and for absences from work. He was also suspected of malingering. Member also twice failed his end of  course examination, and had one Enlisted Performance Report with an overall rating of "3." The record further reflected member had been under care by the Mental Health clinic for the period September 99 until his discharge and had been diagnosed with a depressive disorder, personality disorder, and  occupational problem, and had been sent to an anger management class. At the time of the discharge, after consulting counsel applicant waived his right submit statements on his own behalf. The Board noted that member was responsible for his actions of misconduct and was properly held accountable for those. He was counseled repeatedly and given numerous opportunities to conform his behavior but fai led to respond to those rehabilitative efforts. No ineq uity or impropriety was found in this discharge in the course of the records review.

The appl icant cited his desire to return to military service. While the Board commends applicant on this desire, and is sympathetic to the impact a General discharge has on his reenlistment code, this is not a matter of equity or propriety that warrants an upgrade.

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.

Inview 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: Exami ner's Brief