-	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME  m·SERVICE  MEMBER  (LAST, FIRST MIDDLE  IN ITIAL)	GRADE	AFSNISSAN
AB
TYPE    G EN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
·.   COL'NSEL	NAME OF COUNSEL AND OR ORGANIZA.TIOl'I	ADDRESS A'.'lD OR ORGANIZATION OF COUNSEL
YES	No
x

MEMBER  SITTING

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--	..·

VOTE;OF J!JIE BOAl>
;.o"i:; .'.·	- ·

..·.

HON	GEN	UOTHC	OTHER	DENY
- - - - - ---- ---------------------	x
x x
x x

ISSUES

A94.05

INDEX  (MBER

A67.10
•	
•••••	Jl;Nttl!rITS•St)Rll'.ttf ll;IT '!'o '!'ff    ·IrOA,Rl>

.·

I	ORDER APPO!NTING 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  i'il'MBER

12 Oct 2004	FD-2004-00253
Al'j)LICAN1"S·ISS	J'HE aOARD'S P,ECJSJ,ONAL R1'1_0N4 AJtE"D1SCU'i§fiQN_::nm.!\r1'": fIE[):;i; 7:1::b),s·c °-E:Bf<rJE;'f' ?: CISI01;1:A.	, o::·; ·.    .	+ .   .

Case heard at Washi ngton, 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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TO:	FROM:
SAFIMRBR	SECRETARY OF THE AIR FORCE PERSON?llEL COUNCIL
AIR FORCE DISCHARGE  REVIE\\' BOARD
550 C STREET WEST. SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
R1\NDOLPH AFB, TX 781 50-4742	ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE NUl\-tBER

FD-2004-00253	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge.

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 and change ofreason and authority for discharge are denied.

ISSUE: Applicant contends discharge was inequitable because it was too harsh due to the fact that he was diagnosed with sleep apnea and severe depression. The records indicated the applicant received three Article 15s, ten Letters of Reprimand, and three Letters of Counseling for various  acts of misconduct. Although some of the member's infractions (i.e., failure to go) is mitigated by his Obstructive Sleep Apnea, the gravity of the member's remaining disciplinary infractions (drunk driving, underage drinking,  abuse  of  a prescription medication, dereliction of duty and disobeying an order) bear no causal or mitigating relationship with his medical condition. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the misconduct was a significant 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 requi rements 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