AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB
PERSONAL  APPEARANCE	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

x

MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x
x x

ISSUES

A94.53

INDEX NUMBER

A67.90

A92.19	I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASENU-"JBER

16 Nov 2004	FD-2004-00118

Case heard at Washington, D.C., via video-teleconference  with Randolph AFB, TX.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR .

'...-----------------------

..,..;;·-----------------------------------------------------------------------------------    -	-

1

- ----- ;..:- - -; ;,:::;£;	IJ·	i: ;i\i,i()	-""'f"_;:'=±&c;c';";_-":-'-f L;; "-'C00 .mi:"c::'cY"r"m"2L

L!:1'i;;;:-"'f;"i:.

- :- :""")J)"'-:;	-

i ;;"]lfN2!g'';.'.jt:i:iE1 3f

c,;.; <;;=ill _:YL\":L! > E,.: =1'-112

"-h'::L-- -

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

SECRETARY OJ<' THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COJ'l.™A'.ID DR, EE \\'ING, 3RD FLOOR
A.'IDREWS 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-2004-00118	

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

The applicant appeared with counself the Texas Veterans Commission, and testified before the Discharge Review Board (DRB) at Randolph AFB, TX, via video-teleconference with Andrews AFB, MD, on November 16, 2004. Applicant's mother was present but did not testify.

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.

ISSUE:   Applicant  received an Under Other Than Honorable  Conditions (UOTHC) discharge for conduct prejudicial to good order and discipline.

Issue 1. Applicant states that his discharge did not reflect his entire service while in the Air Force.  The records indicated the applicant recefved two Article l 5s, a vacation action of a suspended reduction, and one Letter of Reprimand, for misconduct to include failure to pay just debts and issuing checks with insufficient funds, failure to follow unit policy for reporting in after returning from TDY, numerous instances of failure to go, and knowingly assisting in the smuggling of underage illegal aliens into the country for which he was detained and questioned by the Immigration and Naturalization  Service.·;His misconduct is well documented and his own statements while under investigation for the alien smuggling incident substantiate the record of criminal conduct.  At the time of his discharge, the applicant submitted a conditional waiver to a board hearing in response to the discharge notification requesting a general discharge.  When his request was denied, he then submitted an unconditional waiver.  He now claims to have Persian Gulf-type illness symptoms from a TDY to that theater in 1998; however, a review of his medical records does not  substantiate any medical conditions that would explain or mitigate his misconduct nor did he provide any documentation during his testimony.  His medical records do indicate that applicant was a repeat no-show
for several appointments he had in the Mental Health Clinic for stress management training and applicant was not able to provide any documentation or give an explanation for this.  The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the repeated misconduct and serious nature of the offenses was a significant departure from conduct expected of all military members and concluded the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.	The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant notes that the discharge has caused a difficult time in his life, that he has obstacles to face in obtaining a productive career and his family has suffered due to his inability to progress and have a secure and stable job, and that he is currently working for a temporary service which provides little means for stability.  While the Board was sympathetic to the applicant's situation, it is not related to the period of service in question and is not a matter of equity or propriety that would warrant an upgrade of his discharge.

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