..••

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
t	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
- llllt•t•	AIC	,

TYPE GEN

YES	No
x

PERSONAL  APPEARANCE	x	RECORD  REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
------------------------------------ ..

.

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

------------------------------------

SSUES

A93.23 A93. 19 A93.07

INDEX NUMBER

A42.00

l	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

28 Jul 2004	FD-2004-00162

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-2004-00162	

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.

ISSUE:  Applicant was discharged for having a personality disorder.  The records indicated the applicant had also received an Article 15 for failure to go.  Applicant now contends he was experiencing emotional stress due to his wife's miscarriage while he was deployed, her infidelity while he was deployed, and the subsequent dissolution of his marriage.  His "reaction to these extreme events" was to "drink heavily."  He also claims he approached the chain of command for assistance without success.  Unfortunately, member's discharge processing files, personnel files, and medical record were all 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 if there was more misconduct on member's part that
formed additional bases for the discharge.  The Board also could not determine if at the time of the discharge member consulted counsel, submitted statements on his own behalf, or waived those rights.  The Board is
not able to substantiate any inequity or impropriety in the discharge actions, and 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.

Ifhe can provide additional documented information to substantiate his issues, the applicant should consider exercising his right to make a personal appearance before the Board.  Ifhe should choose to exercise his right to a personal appearance hearing, the applicant should be prepared to provide the DRB with factual
evidence of the inequity and any exemplary post-service accomplishments as well as any contributions to the community.

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