AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN

PERSONAL  APPEARANCE	X   RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL

x

MEMBERS SITTING
x
x x x x

HEARING DATE
02-12-20

CASE NUMJIER
FD2002-0278
2	
APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED 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, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

S  Fl  !BR
55		STREET WEST, SUITE 40 DOLPH 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

FD2002-0278	

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 available 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 applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for a pattern of misconduct, and a mental disorder. He had three Letters of Reprimand, two Letters of Counseling, an Article 15, and Unfavorable Information File. He also received an Enlisted Performance Report rated an overall referral "2," and failed his Career Development Course. His misconduct included several instances of failure to go, underage drinking, driving under the influence which resulted in an off-base motor vehicle accident and civilian arrest, drinking within 8 hours before duty, failure to have his dormitory room in inspection order, and failure to have his uniform in inspection order. Applicant asks that his mental health record be taken into account as a contributing factor to his misconduct. At the time of the discharge, applicant's mental health evaluation showed member had been diagnosed with an adjustment disorder and depression, and was used as a secondary basis for the discharge. The Board noted that member was also diagnosed an alcohol abuser, but in spite of member's alcohol use and mental health situation, he was still responsible for his actions of misconduct and must be held accountable for those. He was counseled repeatedly and given numerous opportunities to improve his behavior but failed to respond to those rehabilitative efforts. Furthermore, existence of a character and behavior disorder does not bar separation for any other authorized reason, such as misconduct, if that reason is more appropriate; a discharge for a mental disorder is not appropriate if the airman's record supports discharge for misconduct No inequity or impropriety was found in this discharge in the course of the records review.

CONCLUSIONS: TI1e 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's Brief