AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
I C U a 11	n

GRADE

AMN

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY
x x x
x
x

ISSUES

A93.23

INDEX KUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPUCATION 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

16 Sep 2004	FD-2004-00224

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.

,---------------	-------	--<=l...,_/.A..•_ _ ,_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ;.

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 COMMAl\'D 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-2004-00224	

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

The applicant was offered a personal appearance before the Discharge Review Board 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 misconduct, minor disciplinary infractions. He had an Article 15, a vacation of suspended punishment, and a Letter of Counseling. His misconduct included making a false official statement, leaving the scene of an on-base accident, and three separate incidents of disrespect to noncommissioned officers. At the time of the discharge, member consulted counsel and waived his right to submit a statement in his own behalf. Applicant now contends he was getting into trouble as a result of other personal problems he was experiencing. While it is understandable that a member experiencing personal problems has additional stress, member has not provided sufficient evidence as to what his problems or resultant stressors were or how they were unique. Furthermore, there is little evidence he sought help from available agencies such as the Chaplain, family support center, life skills clinic, or his chain of command. In view of the unit's administrative actions, member had ample opportunity to come within expected standards of conduct. But he was either unable or unwilling to correct his behavior. The Board could not find any mitigation or extenuation to warrant an upgrade, and the records review disclosed no inequity or impropriety.

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