.t.

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATlON

X   RECORD REVIEW
ADDRESS AND OR ORGANIZ..\ TION OF COUNSEL

MEMBERS SITTING

HON	GEN

OTHER

DENY

------------------------------------------- -----------;-----+------t-----;-----+-x	1
x x x
------------------------------------------- ·	x

ISSUES	INDEX NUMBER
A93.07, A92.37, A94.05	A67.90

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION

BEARINCDAIE
03-04-30

CASE NUMBER
FD2002-0481

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.

_ _ _ _

_  _ _ _  Jl G TIJl!:!.19!-Ml_l.'. l!l  - L- _ _ _ _ _ ------_ _ _ _ _ _ _

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

FD2002-0481		

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

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, change of reason and authority for the discharge, and reenlistment code are denied.	·

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety or inequity that would justify an Upgrade of the discharge to honorable.

Issues.  Applicant was discharged for misconduct, conduct prejudicial to good order and discipline.  He had three Letters of Reprimand, a Record of Individual Counseling, and two Articles  15.  His misconduct included two instances of financial irresponsibility, two incidents of making false official statements, failure to go, and theft.  Additionally, the record review revealed that member appeared to have been on the Weight Management Program.  The Board noted that when his misconduct occurred, member was age 36 to 37 and
was a noncommissioned officer who had between  17 and 19 years of service.  He knew right from wrong,
so he was held accountable for his actions.  At the time of the discharge, member submitted a conditional waiver of his right to an administrative board hearing based on receipt of an under honorable conditions (general) discharge, which was granted.  In a reply to the discharge, he also requested to be separated at the earliest opportunity noting he was no longer a good fit for the Air Force and wanted to get on with his life. He conceded he was giving up many years of service, medical benefits, retirement benefits, and the right to lengthy service probation consideration.  Member now notes he was on a remote assignment in Korea and was undergoing a divorce that clouded hisjudgment.   The Board recognized that applicant's marital problems may have had some bearing on his difficulties but found them insufficient mitigation for his misconduct.  While it is understandable that a member experiencing personal problems has additional  stress, applicant's problems were not unique.  There was no evidence he sought assistance from available
base agencies such as the Chaplain, Family Support Center, Mental Health Clinic, 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 unwilling to adjust his behavior.  Although given many opportunities, he failed to correct his negative behavior.  The record review offered no basis to substantiate an upgrade or to change his reenlistment code.  The Board could find no wrongful action by the Air Force, nor an inequity or impropriety.

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 essentially 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