AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAMB OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

PERSONAL  APPEARANCE

Amn
x	RECORD  REVIEW

&11 11	•

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  01! COUNSEL

MEMBER SITTING
---------------------------------------   ·'
'
'

HON	GEN

UOTHC	OTHER

DENY

x x x x

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ J	x

ISSUES
A94.S3

INDEX NUMBER	A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
3	
HEARING  DATE	CASE NUMBER

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

14 Nov 2003

FD-2003-00123

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

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TO.	FROM:

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1S3S 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

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

CASE NUMBER

FD200J..00123

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 was discharged for misconduct, minor disciplinary infractions. He had an Article 15, four Records of Individual Counseling, four Letters of Reprimand, and a vacation of suspended punishment. His misconduct included six incidents of failure to go, failure to obey an order, wearing an unserviceable uniform for three scheduled inspections, failing two functional certification tests, and sleeping on duty. Entries in the medical records indicated member was referred to an alcohol abuse awareness seminar, that empty beer cans and whiskey bottles had been found in his dormitory room, and that he reported drinking 20 to 30 beers per week. Member was diagnosed with insomnia, not otherwise specified, and given instructions on how to improve his sleep hygiene. At the time of the discharge, member consulted counsel and waived his right to submit a statement in his own behalf. Member was age 20 • 21 when his misconduct occurred, during a 22 month period. There is no evidence he was immature or did not know right from wrong; he was essentially the same age as other airmen who adhere to the expected standards and are discharged honorably without any misconduct. The Board opined that through the unit's administrative actions, member had ample opportunity to correct his negative behavior, but he was either unable or unwilling to do so. After a through review of the records, the Board did not find any mitigation or extenuation to warrant an upgrade, and the records review disclosed no inequity or impropriety.

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.

Inview 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