AIR FORCE DISCHARG E R EV I EW BOARD HEARING R ECORD

NAME 01< SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)

GRADE

AFSN/SSAN

X  PERSONAL APPEARANCE	RECORD  REVIEW
NAME OF COUNSEL AND OK ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSl:L

x

MEMBERS SITTING

HON

X+ X+ X+
x
X+

DENY

ISSUES

INDEX NUMllER

ExtfllUTS  SUBMl1'J:l'lfl\     .   Jfllllill!ili\RD

A94.06, A42.00	A67. 10

t	ORDER APPOr NTING THE BOAR D
2	APPLICATrON FOR R EV l liW OF DISCH ARG E
3	LETTER OF NOTI FICATION

HEARING DATE
27 FEB 03

CASI'. NUMBER
FD2002-0261

4		BRIEi' or PERSONNEL !'ILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME Or PERSONAL APPEARANCE

REMARKS
+ Change reason to personality  disorder. Case hea rd at Andrews AFB, Ma ryla nd.

AITACHliD AJR, llQkCE
:·<.  <,   j,,

TAPE  RECORDI NG  OF PERSONAL  Al'i'ER ANCE  IIEARING GE REVIEW llOAR

Advise applicant of the decision of the Boa rd and the right to submitt an application to the AFBCMR.

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'

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

FROM:

'rn: 27 FEB 03
SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOAR D
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JA N 00	(EF-V2)	Previous edition wi l l  be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nt:MBER

FD2002-0261	
GENERAL:  The applicant appeals for upgrade of discharge to Honorable, and change of reason for discharge.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB, MD on February 27, 2003.

FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is changed to Personality  disorder.

The Board finds that evidence of record and that provided by the applicant substantiates an injustice that justifies upgrade of the discharge.

ISSUES:  The applicant's issues are listed in the attached brief.  The applicant contends that his discharge was too harsh and inequitable because his misconduct was of isolated and minor nature, and the positive aspects of his career outweighed the negative aspects.  He contends his discharge was improper since he had a medical condition that led his doctors to recommend separation.  The record indicates the applicant received an Article 15 for being away without authority and failure to go.  In addition, the applicant also received 2 Letters of Reprimand and 2 Letters of Counseling for financial irresponsibility and failure to go over a span of one year.  Evidence of the record shows the applicant was hospital ized on two occasions for emotional symptoms in the months leading to his discharge.  His final diagnoses were Personality Disorder and Adjustment Disorder, conditions rendering him unsuitable for continued service and subject to administrative discharge by his commander and specifically excluded for consideration in the disability system.  The evaluating psychiatrist recommended administrative discharge for unsuitability.
After a thorough review of the record and listening to testimony during this hearing, the Board concluded that the applicant's commander had two bases for discharge, misconduct and unsuitability due to mental conditions.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other information contained in the records.  The applicant's duty performance as an Air Traffic Controller at his European base was characterized as outstanding including during the Gulf War when the very high volume of air traffic demanded top performance from Air Traffic Controllers.  The Board found that the positive aspects of the applicant's duty performance outweighed the negative aspects that were intertwined and mitigated to some degree by his mental conditions, and  concluded that the characterization of the member's service justified  an upgrade to honorable.  The board concluded that the basis for the Article 15 punishment was accurate and that the applicant was responsi ble for his behavior and was afforded proper due process during his discharge proceeding.  The commander had the option to choose misconduct as the basis for discharge and no impropriety in his choice was evident, but the Board concluded that unsuitability due to Adjustment Disorder and Personality Disorder was a more accurate basis for discharge.

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.  However evidence of the record and testimony finds that the basis for discharge was more accurately unsuitability due to personality disorder, and service deserving of characterization as honorable.
In view of the foregoing findings the Board concludes that there exists an equitable basis for upgrade of discharge, thus the applicant's discharge should be changed to Honorable and the reason to personality disorder.

Attachment: Examiner's Brief