AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

X  PERSONAL APPEARANCE

GRADE

AllSN/SSAN
•11••'·
RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING
x x x x

INDEX NUMBER
A94.0l, A92.37, A94.05	A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
02·11-07

CA.'iE NUMBER
FD2002-0238

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITJONAL EXHlBITS SUBMITTED AT  TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEl<.ANCE HEARIN\J
lUl

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, aod the right to submit an application to the AFBCMR.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB. MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0238	

GENERAL:  The applica nt appeals for upgrade of di scharge to Honorable, and to change his reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB, MD on November 7, 2002.

The attached brief contains the 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 the applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues.  Applicant received an under honorable conditions (General) discharge for minor disciplinary infractions.  He had one Record oflndividual counseling, two Letters of Counseling, seven Letters of Reprimand, an Unfavorabl e Information File, and an Articl e 15. His Enl isted Performance Report was
rated an overall "3."  His misconduct included numerous instances of being late to work and failure to go to his appointed place of duty, numerous instances of his dormitory room bei ng filthy and unkept, dress and appearance violations, failure to take his mandatory flu shot, failure to complete the third volu me of his Career Development Course, underage drinking, and assaulting another airman.  Applicant contends the discharge was too harsh due to all of his infractions being minor, although he did not dispute the occurrence of any of those infractions.  He agreed he should have been punished for those offenses, but l ess severely.
He noted his otherwise satisfactory service and good post-service conduct.  Neither the record review nor applicant's testimony provided merit to applicant's contentions.  Additionally,  at the time of the discharge, applicant waived his right to consult counsel or submit statements in his own behalf   Applicant conceded
he had a lack of motivation, was disappointed by and unchallenged in his career field, and had made "stupid mistakes" due to his immaturity and lack of judgment.   The Board noted applicant was the same age as  other airmen who complete their enlistments without any misconduct, and that he knew right from wrong, and although given many opportunities, he failed to correct his negative behavior.  The Board found no mitigation for his misconduct.  Neither the record or applicant's testimony offered a basis to substantiate an
upgrade or to change his reenlistment code.

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/change of reason for discharge, or to change the reenlistment code, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief