AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

ITIAL)

TYPE GEN	PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

No
x

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A92.21 A93.0l

INDEX NUMBER

A() /.10

1	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

16 Sep 2005	FD-2005-00060

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.

Names and votes will be made available to the applicant at the applicant's request.

TO:	FROM:
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, JRD 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-2005-00060	

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 contends that his discharge was based on two incidents involving bad judgment  and
anger management.   Since discharge, member states he self-enrolled in anger management and has supported our troops as a DoD civilian employee for the past three years.  The records indicated the applicant received two Article 15s and a Letter of Reprimand for misconduct.  His misconduct included failure to go, willfully damaging government property on two occasions, found drunk while on stand-by for Security Forces guard duty, and drunk and disorderly on two occasions.  DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.   The DRB recognized the applicant was 21 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 older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.   The applicant states in his  application that he asked for help from the chaplain, his first sergeant, and from his commander.  These  issues are without merit as the record does not indicate that such help was asked for.  lf he can provide additional documented information to substantiate an issue, the applicant should consider exercising his right to make a personal appearance before the Board.  lf 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 contributions to the community.
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 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