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AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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TYPE GEN	x	I	PERSONAL     APPEARMCE	I	RECORD  REVIEW
'i''.quN,s,: :0; \;;    NA...'1E OF COUNSEL A:-00  OR ORGANIZATION	ADDRESS AND OR ORGA.  IZA TION Of CO!;NSEL
YES	No
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MEMBER  SITTING	HON	GEN	UOTHC	OTH ER	DENY
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IDEX NUMBER

A67,10

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A93.09	1	ORDER Al'l'OINTING THE BOARD
2	APPLICA f!ON FOR REVIEW. OF DISCHARGE
3	I .ETTER OF NOTIFICA TIO
4	BRIEF OF PERSONNEL f!LE 	 COUNSE1.· s RELEASE TO THE BOARD
ADDITIONAL  EXHIBITS  SUBMITTED AT TIM E OF PERSONAL  APPEA RANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE    ll l'.HU:R

13 Sep 2005	FD-2005-00114

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APPLICA..". \-PS!JSSUE'AND THEiBOARD'S DECISIONAL RATJONAL ARE DJSCl SSEO: ON THE ATTACHED AIR FORCE DISCHARGE REVJEW BOA.Rl.> DF.CJSJONAL RATIONALE	.. • .··...	,:,
Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes will be made available to the applicant at the applicant's req uest.

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TO:	f RO:lJ;
SAF/MRBR	SECRETARI' or THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD

550 C STREET \VEST, SUITE 40

1535 COMMAND DR. EE WlNG, JRD FLOOR

RANDOLPH  AFB, TX 78150-4742	ANDRE\\'S AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE N ll.\1 BER

FD-2005-00114	

GENERAL:   The applicant  appeals for upgrade of discharge to honorable and to change the reenl istment code.

The applicant appeared and testified before the Discharge Revi ew Board (ORB), with counsel, at Andrews AFB, MD on 13 September 2005.

The attached brief contains avail able pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge and change ofreenlistment code 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.

ISSUE:

Issue 1. Applicant contends discharge was inequitable because he was suffering from depression and  anxiety and received medication towards the end of his enlistment to treat these disorders.  Although there was limited evidence regarding the severity of those disorders, the ORB asked the applicant if he would like the ORB to consider changing the reason for the discharge to a personality disorder.  The applicant declined
to request such an action, citing his percept ion that there i s a stigma attached to someone who is identified as having mental health issues.  The records do not indicate his mental health difficulties should have been evaluated in the disability evaluation system or prevented him from understanding his actions were wrongful or impacted his ability to conform his actions to Air Force expectations.  The records did ind icate the applicant received an Article 15, three Letters of Reprimand, one Letter of Counseling, and two Records of Individual Counseling for misconduct.  The ORB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the miscond uct  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.

Issue 2.  Applicant argued that his discharge did not take into account the good things he did while in the service.  The ORB took note of the applicant's duty performance as documented by his performance reports, and his statement concerning his duty performance.  The ORB found the seriousness of the willfu l misconduct offset the positive aspects of the applicant's duty performance.   The Board concluded the discharge was appropriate for t he reasons which were the basis for this case.

CON CLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regu lation 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 basi s for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief