AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE	X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x x x
INDEX NUMBER
A94.53,A94.39,   A93.23	A74.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
03-01-03

CASE NUMBER
FD2002-0305
4	
BRIEF OF PERSONNEL FILE
COu'NSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMIITED AT TIME OF
PERSONAL A.l'PEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

UMARKli
Case beard at Washington, D.C.

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

SAF/MIBR
550 C STREET W  S , SUITE 40
RANDOLPH AF	78150 4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 311.D 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

FD2002-0305	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his request to be discharged in lieu of trial by court martial for wrongfully distributing about four tabs of lysergic acid diethylamide (LSD), and wrongfully using LSD. Applicant had also been arrested by civilian authorities for publicly exposing himself several times, and was facing legal problems due to those circumstances, although not used as a basis for the discharge action. Member was  also a patient at the Mental Health clinic due to marital discord, which eventually ended in divorce in spite of member' s desire to reconcile. He spent one week on the in-patient psychiatry ward at Wilford Hall Medical Center and was diagnosed with an adjustment disorder. The Board concluded member's misconduct was an  extremely significant departure from conduct expected of all military members, and further noted that applicant voluntarily submitted his request for discharge in lieu of trial by court martial and acknowledged in doing so his characterization of service could be deemed under other than honorable conditions. In accordance with discharge regulations, airmen discharged under these circumstances usually do have their service characterized as UOTHC. Additionally, in spite of member's mental health situation, he was  still responsible for his actions of misconduct and must be held accountable for those; 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: 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 of discharge, thus the appJicant's discharge should not be changed.

Attachment: Examiner's Brief