AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

PEK:su1'1AL 1\.rr l!.1\.KA.l'I LE	x	RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANJZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A93.09

INDEX NUMBER

A67.50	.

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

05 Oct 2005	FD-2005-00151

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:

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

FROM:

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-2005-00151	

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. FIDINGS:  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 does not contest his discharge. He wants an upgrade due to the fact that he is now a law abiding citizen of good character; is honest and cares for his community; and is a hard worker and loves and supports his family. The records indicated the applicant received an Article 15, five Letters of Reprimand, five Records of Individual Counseling and one Letter of Admonition for various acts of misconduct to include cheating on an assignment during formal training in Airman Leadership School; being late for work on several occasions; dereliction of duty on several occasions; and for failure to follow instructions. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. In addition, the Board reviewed the applicant's medical records and noted that he was evaluated by a Medical Evaluation Board but was subsequently returned to duty. While the applicant was assigned duties outside of his AFSC, the applicant did not contend his medical condition adversely impacted either the quality of his service or his capability to serve. The Board considered this issue independent of the applicant's contentions, concluding his medical condition did not contribute to his misconduct, and finding this issue did not substantiate an inequity or impropriety. 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