AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

SRA
X	RECORD  REVIEW

YES	No
x

NAME  OF COUNSEL AND OR ORGANIZA TlON	ADDRESS  Ajl;D OR ORGAIZATION  OF COU"\iSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY

t-?mm	mm--------- --.,---------------+-----+----+----+----+	1
x
x x

ssuis- ----      l-------------riNDEX-;UMBER
AOJ.07 A94.05

X*
x
A49.00	'
ORDER APPOINTING THE BOARD
APPLiCATION FOR REVIEW OF DISCHARGE
I 3	LETTER OF NOTIFICATION
I 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

* Change primary reason for discharge to Minor Disciplinary Infractions Case heard at Washington, D.C.

-----1

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.

-:------------	---------\)C:,._ _ _ _ _ _ _ _/.)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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J_ _ _ _ _ _ _ _ _ _ _ _ _ _ _:_ _

/.J_, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,·_

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

SECRETARY  OF THE AIR  FORCE  PERSONNl£L  COl;l'CJL AIR FORCE DISCHARGI\: REVIEW BOARD
1535 COMMAND DR, !IE. WlNG, 3RD FLOOR
ANDRE"\l'S AFB, MO 20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous editio;i will he used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\1BER

FD-2004-00314	

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 of reason and authority for discharge are 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:

Issue 1. Applicant infers discharge was inequitable because it was too harsh, noting he was young and naive at the time, as well as suffering through a painful divorce that caused him to make some bad decisions and stupid mistakes.  The records indicated the applicant received an Article 15, a Letter of Reprimand, two Records ofindividual Counseling, verbal counseling, and had an Unfavorable Information File for misconduct.  His infractions included failure to go, failure to follow proper leave procedures, financial irresponsibility regarding a past due civilian credit account, and writing five bad checks totaling nearly
$400.00 to the base exchange and commissary.  All of the documented infractions used as the basis for discharge occurred over a 6-month period following over 3.5 years of otherwise generally satisfactory service.  The records did, however, also disclose that following three alcohol-related incidents in 8 days while deployed overseas, member was referred for psychological testing and alcohol evaluation.  While no diagnosis was rendered, he was entered into the Substance Abuse Reorientation and Training Program Track III, and told to attend two Alcoholics Anonymous meetings.  Additionally, of three Enlisted Performance Reports, one was rated an overall "3" and his last was an overall referral "2."  It related that member's
performance migrated between acceptable and unsatisfactory, and that he exerted the minimum effort needed to complete tasks, with little forethought or preparation for tasks at hand.  However, the indorser did note
that member's performance had declined as he focused on temporary, but highly stressful family and  financial problems, and that member had sought personal and financial counseling to resolve the situation, with significant progress made.  Indorser also stated member performed in a "highly satisfactory" manner throughout the vast majority of the reporting period.  While the records confirmed member had been seen at the Mental Health Clinic for marital problems on one occasion, it failed to disclose whether applicant had sought further assistance from other agencies on base such as the Family Support Center or chaplaincy.  And while the Board understands that personal problems may cause a person additional stress, the applicant failed to demonstrate how his problems were unique or unusual compared to other similarly situated airmen, or
how these problems were directly related to his disciplinary infractions.  The DRB opined that through the unit's administrative actions, the applicant had ample opportunities to change his negative behavior but failed to do so.  The Board concluded the misconduct was a significant departure from conduct expected of military members and the characterization of the discharge was appropriate.

(Con't. ----)	

Issue 2.  Applicant insinuates that his discharge did not take into account the good things he did while in the service.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation  and other accomplishments.  However, they found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were its basis.

Issue 3. Applicant inferred that he should not be penalized indefinitely for mistakes he made when young, about 10 years ago.  The DRB recognized the applicant was 23 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was as old as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.

Issue 4.  Applicant requests that the primary basis for discharge (unsatisfactory performance) be changed to something else more indicative of his overall service, yet he doesn't suggest to what basis he would like it changed.  Applicant concludes that he should not be labeled with "Unsatisfactory Performance."  The DRB noted that the primary reason for discharge was Unsatisfactory Performance, specifically irresponsibility in the management of personal finances, which was in accordance with AFI 36-3208, paragraph 5.26.4, in effect at the time of the discharge.  A secondary basis for the discharge was misconduct, specifically minor disciplinary infractions, under paragraph 5.49.  An involuntary discharge for another reason would only be appropriate when such a change in discharge would serve the best interests of the Air Force or the discharge for cause is not warranted.  In this case, the discharge authority considered both reasons for the discharge  and all of the evidence in the records, and determined that the most appropriate primary basis was Unsatisfactory Performance.  The Board concluded the reason for the discharge received by the applicant was appropriate.

If he can provide additional documented information to substantiate his issues, the applicant should consider exercising his right to make a personal appearance before the Board.  If he should choose to exercise this 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 positive 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