AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

, , NAME PF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

•	tiblldllllll
X	RECORD  REVIEW

YES	No
x

ADDRESS AND OR ORGANJZATION OF COUNSEL

MEMBER SITTING

HON	GEN

uornc._	OTHER

DENY
x x x x x

ISSUES

A94.53

INDEX NUMBER

A67.50

A92.37	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

HEARING DATE	CASE NUMBER

ADDITIONAL EXHIBITS SUBMIITED AT TIME OF

14 Nov 2003

FD-2003-00091

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

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

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

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

FD-2003-00091	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.	i

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

Issues. Applicant was discharged for discreditable involvement with military or civil authority. The records indicated the applicant received three Articles 15, a vacation of suspended punishment, two Letters of Reprimand, two Letters of Counseling, and one Record of Individual Counseling for misconduct. His misconduct included two failures to properly maintain his dorm room, four instances of failure to report to duty on time, willfully and wrongfully destroying the personal property of another airman, wearing an earring on base, and having an underage (14 year-old) female in his dormitory room. He was also involved  in a mutual assault with another airman, his former girlfriend, and was stopped for being a minor in possession of alcohol and having an open container in his vehicle. Member had one enlisted performance report rated an overall referral "2" due to his Articles 15. He was also referred to Mental Health and diagnosed with an intermittent explosive disorder. At the time of the discharge, member waived his right to consult counsel and waived his right to submit a statement in his own behalf. The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate.

The applicant cited his desire to reenlist in the military as justification for upgrade. While the Board was sympathetic to the impact his reenlistment code was having on the applicant, and commended applicant for this desire, this is not a matter of inequity or,i&propriety that would warrant 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 of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief