I

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER 0-AST, FlRST MIDDLE lN1TIAL)

TYPE

-GRADE

AFSN/SSAN

GEN
COUNSEL

I x PERSONAL APPEARANCE	RECORD  REVIEW
ADDRESS

YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

AND OR ORGANIZATION  OF COUNSEL

..
MEMBERS SITTING	HON

GEN	UOTHC	OTHER	DENY
x x x x x

ISSUES	INDEX NUMBER
A94.0S, A93.07, A93.0I	A67.l0

1	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING  DATE
03-04-29

CASE NUMBER
FD2002-0424

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TIIE BOARD
ADDITIONAL EXIDBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

. ..

TAPE RECORDING  OF PERSONAL  APPERANCE  HEARING A.. •·.•.l...>..··.·•...•U.••.·.·.l.t·1W'S ISSUE.ANDTIIE J.lOARD'S PliCJSIQNAL RATl()NAL ARE DISCUSSEPON.J11E ATTAOJli Nl!-•l1f	lf'!'.'"E  REVlfN	DESlN"'f	TIONALE..
.    . .	.	.	.	.· •.. ·       . . · · ···· ··· · · · · ···    ···	·· ···· .. ... ... . ... ... . ..·.·· . ··•······· · ··	.	.
REMARKS

Case heard at Washington, D.C.

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

)
SJGNATUREilll.RECDRDER I

/}	I A

I SIGNATURE OF BOARD PRESIDENT

TO:

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

fllOM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3"" 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

FD2002-0424	

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 appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB, MD on April 29, 2003.

The following additional exhibits were submitted at the hearing: Exhibit 6 -Two Character Reference Letters
Exhibit 7 - Copy of a Divorce Decree

The attached brief contains the 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 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 two Records of Individual Counseling, three Letters of Reprimand, an Unfavorable Information File, two Articles  15, and vacation of a suspended reduction.  His misconduct included numerous instances of being late to work and failure to go to his appointed place of duty, and absence without leave (AWOL) for 3 days.  Applicant infers the discharge was too harsh due to 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, which were due to his immaturity and poor judgment based on  extenuating personal circumstances.  He noted his otherwise satisfactory service and good post-service conduct.  At the time of the discharge, applicant waived his right to submit statements in his own behalf.
The Board recognized that applicant's marital problems may have had some bearing on his difficulties but found them insufficient mitigation for his misconduct.  And while it is understandable that a member experiencing personal problems has additional stress, applicant's problems were not unique.  Although he visited the Mental Health clinic, he was not diagnosed with any condition that hindered his ability to  perform his duties, nor was there evidence he sought assistance from other available agencies such as the Chaplain, Family Support Center, or his chain of command.  Because he was unable to separate his personal problems from his duties, he became an administrative burden to the unit, and was unable or unwil1ing to adjust his behavior.  The Board noted applicant was the same age as other airmen who complete their enlistments without any misconduct, he knew right from wrong, and although given many opportunities, he failed to correct his negative behavior.  Neither the record nor applicant's testimony offered a basis to substantiate an upgrade or to change his reenlistment code.

The applicant cited his desire to return to military service. While the Board commends applicant on this desire, and is sympathetic to the impact a General discharge has on his reenlistment code, this is not a matter of equity or propriety that warrants an upgrade.

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