AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

r,·----------------------

AMN

=--------------

- -- ---    -- -·'-------------------------1----.---------1-.k-	-----j

-- --- --- --- -
TYPE  GEN

x	PERSONAL  APPEARANCE

RECORD REVIEW
AllORESS ANO OR ORGAl'llZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER

DENY
x x x
x
x

ISSUES

A93.23 A92.21 A93.07 A94.0S

INDEX NUMBER

A67.10

1	ORDER APPOINTING TllE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUl3MITT  D AT TIME 01'
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING  DATE	CASE NUMBER

12 Jun 2007	FD-2006-00408

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 request.
X - Upgrade, RE Code, Reason and Authority

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SAF/MRJ3R
550 C STREET WEST, SUITE 40 RANDOLPll AFB, TX 78150-4742

SECRETARY OF TllE AIR FORCE PERSONNEL COUNCIL AIR FORCE PISCHARGE REVIEW BOARD
153$ COMMAND ll!l, t;t; WING, 3RD FLOOR ANDREWS AFB, MD 2076l-700l

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00408	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Andrews AFB, MD and Robins AFB, GA on 12 June 2007.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's  Contentions
Exhibit #6: Recent VA Medical Documents
Exhibit #7: Electrical JATC of Southern Nevada Apprentice Acceptance Letter Exhibit #8: Pulte Homes Letter (proving home ownership)
Exhibit #9: LES (proving contributed to MGIB) Exhibit #10:  DD 214
Exhibit #1 1: 2 Character Reference Letters

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

FINDINGS:	Upgrade  of  discharge,   change  of  reason   and  authority   for  discharge,   and  change  of reenlistment 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 it was too harsh.  The records indicated the applicant received an Article  15 for failing to go to his appointed place of duty and nine Letters of Reprimand for a variety of misconduct, to include: numerous failures to go, failure to obey a lawful order,                failure to report in a timely manner, and making a false official statement.  In addition, the applicant received five Letters of Counseling for receiving a speeding ticket, interrupting his supervisor's meeting, financial irresponsibility, failure to go, and reporting to class out of uniform.  Finally, he received one Record of Individ ual Counseling for failure to properly sign out a government vehicle.  The DRB opined that through all of these administrative actions, the applicant had ample opportunities to change his negative behavior.
The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The Board found the characterization of the discharge, reason for discharge and reenlistment code received by the applicant was found to be appropriate.

Issue 2.  Applicant contends his family issues (child sick, fiance cheating on him, quarrels into the night) were known by his chain of command, but not appropriately acknowledged or taken into consideration. Although the DRB was sympathetic to the member's family situation, the Board found no direct correlation/causal relationshi p between the member's stresses at home and his on-going misconduct on the job, (e.g., financial irresponsibility, on-going failures to go, speeding ticket, etc.).  They concluded that the characterization, reason for discharge and reenlistment code received by the applicant was found to be appropriate.

Issue 3.  Applicant opines that his psychological problems (potential diagnosis of AD/HD, stress, post­ military Service diagnosis of Passive Aggressiveness) were not appropriately acknowledged by his chain of	

command.  After reviewing all the medical documents and interviewing the member, the board acknowledged that the member had a lot of psychologically related issues as a result of problems associated with sleep, socialization, stress related to work and home, financial problems, relationships, stuttering and his health.  Despite this, the board was unable to find an impropriety or inequity in the member's discharge based on the extensive/on-going nature of the member's misconduct and the lack of an "unfitting" psychological  disorder or correlation/causal relationship that could help mitigate his departure from acceptable military standards.  The Board concluded the characterization, reason for discharge and reenlistment code was appropriate for the reasons which were the basis for this case.

Issue 4.  Applicant asks the Board to consider upgrading his characterization of discharge, reason for discharge and reenlistment code based on his post-Service activities.  The DRB was pleased to see that the applicant was doing well and has a good job.  However, the board could find no inequity or impropriety in the documents provided or during the course of the hearing to change his discharge characterization, his reason for discharge or reenlistment code.

Issue 5.  The applicant cited his desire to reenlist and receive G.I. Bill benefits as justification  for upgrade. The DRB noted that although the member would like to have his discharge characterization, reason for discharge and reenlistment code changed so that he could reenlist into the Air Force Reserve, the board found no extenuating circumstances, impropriety or inequity that could justify "rewriting history."  In addition, the board also made note that when the applicant initially applied for his G.I. Bill benefits, he signed a statement that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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, change the reason and authority for the discharge, or change the reenlistment code, thus the applicant's discharge, reason and authority for discharge and reenlistment code should  not  be changed.

Attachment: Examiner's Brief