AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

a s . m IHUJn:tU

AlC

11 1 • •

TYPE GEN	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

YES	No
x

MEMBER SITTING

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HON	GEN

UOTHC

OTHER

DENY
x x x
x
x

ISSUES

A94.53

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
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

12 May 2004	FD-2004-00040

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 STREET WEST, 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 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

FD-2004-00040	

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 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 that would justify a change of discharge.

ISSUE:

Issue.  Applicant infers discharge was inequitable because it was too harsh.  The records indicated the applicant was discharged for minor disciplinary infractions after he received two Articles 15, a Letter of Reprimand, five Records of Individual Counseling, and had an Unfavorable Information File for misconduct. His infractions included a parking ticket, speeding on base, being insubordinate and disrespectful toward a noncommissioned  officer, being late to work, using provoking speech toward two other military members, displaying an aggressive attitude and being argumentative toward another airman, and three separate assaults against other military members over an 18-month period, the third of which occurred after he attended anger management classes.  Member was also expelled from the base honor guard due to behavioral and
personality problems.  His Enlisted Performance Report rated an overall referral "2" notes his lack of interpersonal and communication  skills which led to inappropriate on and off-duty conduct, and his failure to accept responsibility for his actions or to cooperate with the unit's rehabilitative attempts.  Nevertheless, applicant feels he served honorably.  The record review disclosed no support for that contention.  The DRB opined that through the unit's extensive administrative actions, the applicant had ample opportunities to change his negative behavior and was unwilling to do so.  The Board concluded the misconduct was a very serious departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

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