PERSONAL  APPEARANCE	X  RECORD REVIEW

NAME OF COUNSEL AND OR ORG.    IZATION

MEMBERS SITTING

ADDRESS AND OR ORGANIZATION OF COUNSEL

x x

ISSUES	INDEX NUMBER
AOl,13, A94.05, A93.09	A67.90

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
J	LE'ITER OF NOTIFICATION

HEARING DATE
02--09-06

CASE NUMBER
-FD2002-0176

4	BRIEF OF PERSONNEL FILE
COUNSEL· s RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMlTTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal ap1>earance with/without counsel, The right to submit an application to the AFBCMR.

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

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL A1R FORCE DISCHARGE REVIEW HOARD
1535 COMMAND DR. EE WTNG. 3RD FLOOR
ANDREWS AFR. MD 20762-7002

-::;;...

Previou..s.......editio..,n. w,,.._ill be used.

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD20020l 76	

GENERAL: The applicant appeals for upgrade of discharge to honorable, and to change hi s 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 applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge and change of reenlistment code are denied.

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

Issues. Applicant was discharged for misconduct, conduct prejudicial to good order and discipline. He had three Letters of Reprimand, seven letters of counseling, and an Unfavorable Information File. He also had two referral Enlisted Performance Reports rated overall "2." His misconduct  included  failure  to  go, multiple incidents of being late to work, multiple dress and appearance violations, multiple dereliction of duty incidents, and two civil ian convictions for driving under the influence of alcohol. The records show that applicant and his wife were also referred to the family advocacy program and mutual spouse abuse was substantiated. Member was also in the Weight and Body Fat Management Program. At the time of the discharge, applicant submitted a statement on his own behalf, several character statements, and  a conditional waiver of his entitlement to a board heari ng for receipt of a general discharge. Applicant now provides explanations for several, but not all, of his incidents of misconduct, and infers his discharge was too harsh in view of his otherwise honorable service. The Board finds his issues without merit in that member's misconduct consisted of a series of incidents that were of a very serious nature.  His conduct was a significant departure from the standards expected of airmen, and although given an opportunity to change his negative behavior, he was unable or unwilling to do so. No inequity or impropriety was found in this discharge in the course of the records review.

The applicant 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 wit h thi procedural and substantive requirements of the discharge regulation and was withi n 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's Brief