AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

1:   NAME OF  ERVICE	EMBER (LAST, FIRST MIDDLE INITIAL)
'.

GRADE

AlC

AFSN/SSAN

1ll L

TYPE GEN

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

.

MEMBER SITTING

.•*",:,:;.

HON	GEN	UOTHC	OTHER

DENY

x

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x x x
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ISSUES

A93.11 A92.19
.· A93.07

INDEX NUMllER

A67.90

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

13 May 2004	FD-2004-00069

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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•••c•••••••••••	••••••	••••  •••t./J	.......................................................
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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 llOARD
1535 COMMAND DR, EE WING, 3RD l'LOOR ANDREWS Al'll, 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-2004-00069	

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 conduct prejudicial to good order and discipline.  The records indicated the applicant received an Article 15, a vacation of suspended punishment, four Letters of
Reprimand, two Records of Individual Counseling, and had an Unfavorable Information File for misconduct. His offenses included being late for work, financial irresponsibility, and uniform violations.  An enlisted Performance Report rated an overall referral "2" noted his lack of initiative, unsatisfactory  consolidated tool kit inspections, and the adverse impact his frequent absences had on the duty section.  Applicant now contends he was distracted by personal problems including his wife's infidelity, subsequent divorce, and resultant financial problems.  While the Board notes it is understandable that a member experiencing
personal problems has additional stress, the applicant has not shown how his problems were unique. Additionally, the Board concludes there is insufficient evidence to evaluate the merits of applicant's alleged mitigating factors.  After examining the records, the DRB concluded the misconduct was a significant departure from conduct expected of all military members and that the discharge was procedurally proper and equitable.  Thus no change is warranted; 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