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AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE GEN	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

AB
x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	No
x

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

HON

GEN

UOTHC	OTHER

DENY
. x x x
x x

ISSUES

A94.53

INDEX NUMBER

A67.IO

A94.05	I	ORDER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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  DATE	CASE NUMBER

16 Jan 2004	FD-2003-00430

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
. AIR FORCE DISCHARGE REVlEW BOARD 1535 COMMAND DR. EE WING, lRD FLOOR ANDREWS  AFB, MD l076l-7G02

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\fBER

FD-2003-00430	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 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 minor disciplinary infractions.  The records indicate the applicant received an Article  15 for underage drinking.  Unfortunately, member's discharge processing files were unavailable to the Board for review due to being missing from the record.  Because member's discharge file was unavailable to the Board for review, the Board was unable to conclusively ascertain ifthere was other misconduct .on member's part that formed additional bases for the discharge.  The Board also could not determine if member consulted counsel or submitted statements on his own behalf at the time of the discharge.  When requested to provide any pertinent information he may have about the discharge file or his record of service, applicant failed to respond.  A review of applicant's medical records and remaining documentation in his Unit Personnel Record Group disclosed he was non-recommended  for reenlistment due to being under investigation for possession of drug paraphernalia,  a total lack of motivation, mediocre job performance, and inability to adapt to military life.  He was also non-recommended  for promotion due to having an Unfavorable Information File resulting from financial irresponsibility and a continued pattern of misconduct.  He also apparently had received a Letter of Reprimand for writing a bad check, according to an entry in his medical record.  Member was permanently decertified from the Personal Reliability Program due
· to having twice contemplated suicide and being diagnosed with severe depression.  At one time he was an in-patient in the mental health ward for 12 days due to his suicidal ideation and psychosocial problems.
Additionally,  apart from the underage drinking incident for which he received the Article 15, he apparently at some time was caught driving under the influence, and on another occasion came to wor\< with alcohol on
his breath.  He was twice entered into the Substance Abuse Rehabilitation Training program, the second time being diagnosed alcohol dependent, and continued to drink even though abstinence was part of his rehabilitation regimen.  Lacking documented evidence from the applicant to the contrary, the Board relies on the presumption of regularity and finds the discharge proper and without basis for an upgrade.  The Board concluded applicant's misconduct was a significant departure from conduct expected of all military members and the characterization of the discharge received by the applicant was appropriate.  No inequity or impropriety could be found in this discharge in the course of the records review.

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