AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
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NAME  OF SERVICE  MEMBER  (LAST, FIRST MIDDLE  INITIAL)	I GRADE	AFSN/SSAN
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TYPE  .  ·--·      1

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GEN	PERSONAL  APPEARANCE	x  RECORD REVIEW
rCOUNSH	NAME o•·coUNSF.t AND OR ORGAN17.ATION ------·	---	ADDRESS AND OR ORGANIZ\ TJON OF COliNSF.I.	-
YES	NO
1	x
VOTE OF TllF. BOARD
MEMBERS  SITTING	HON	..GEN	llOTllC	OTllF.R	DENY	-

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ISSUES	INDEX NllMBF.R	EXHIBITS SUBMITTED  TO THE BOARD
AOl.43, A92.35, A92.21	A67.90	I ORDER APPOINTING THE BOARD
2	APPLICA.TION FOR  REVIEW  OF DISCHARGE
3	LETTER  OF NOTJFICA Tl ON
HEARlNG DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
03-03-19	FD2002-0419	COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHll:llTS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING Of PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAi. RAflONAL ARE DISCUSSED ON THE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE. REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd and the right to a personal appearance with/withou t counsel, and the right to submit an application  to the AFBCMR.

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INDORSEMENT	I	DATE:   03-03-19

TO:	FROM:
SAF/MJBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH  AFB, TX 78150-4742	1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
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AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE  REVIEW. BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0419	
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for his discharge, and to change his reenlistment code.

The applicant was offered a persona] appcar<mcc before the Discharge Review Board but declJned  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, change of reason and authority for discharge, and change of reenlistment code are denied.

The Board finds that neither the evidence of record nor 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 an Article 15 for failure to go to his appointed place of duty. Although all documents  pertaining  to applicant's discharge proceeding are missing and unavailable  for  review,  appHcant  also  referenced receiving a letter of counseling for being late to work, a letter of reprimand for not shining his shoes, and a letter of reprimand for not registering his vehicle. Member notes these were minor infractions and states he wasn't ready for the military at that time. Additionally, member's medical record disclosed some mental health appointments and evaluation associated with difficulties on the job and his relationship with his supervisor, and his «getting into trouble." No diagnosis of a mental  health  or  learning  disorder  was rendered however. Since the discharge documents are not available, and lacking any evidence from the applicant to the contrary, the Board must rely on the presumption of regularity and finds the discharge proper. The Board noted that when his misconduct occurred, member was the same age as other airmen who had adhered to the standards and he knew right from wrong, so he was held accountable for his actions. The Board surmised member's misconduct was apparently a serious departure from the standards expected of airmen as evidenced by the fact the reason for his discharge was "conduct prejudicial to good order and discipline." The Board could find no wrongful action by the Air Force.

Applicant notes he has been serving successfully in the Naval reserve in recent years, as well as in his civilian employment. He submits a strong character letter from his Naval reserve commanding officer. While the Board recognizes applicant may have matured and his conduct has improved, this alone is insufficient grounds to overcome the factors that were the basis for discharge. The Board commends applicant on his post-service accomplishments, Naval reserve service, and good citizenship, but these are not relevant to the period of service under review and therefore do not provide a basis for upgrade.

If the applicant can provide additional  documented information to substantiate an issue, he should consider exercising his right to a personal appearance hearing. Should he choose to exercise that right, he should be prepared to provide the Board with additional evidence of any exemplary post-service accomplishments and contributions to the community.

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 applicant's discharge should not be changed.

Attachment: Examiner's Brief