AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

X*+ X*+ X*+ X*+

ISSUES

A93.23 A94.53

INDEX NUMBER

A67.SO

X*+

4 BRlEF 01' PERSONNEL FILE
, crn.JNSEL'S RELEASE TO THE BOA}{])
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARlNG

HEARING DATE

CASB NUMDER

Case heard in Washi ngton, 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 req uest.

*Reason and Authority
+Reenlistment Code

SRCRKrARY Ot' THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCIIARGE REVIEW BOARD
1535 COIMAND DR, EE WING, 3RD Fl,QQR
ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, .JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00009	

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 was offered a personal appearance before the Discharge Review Board (DRB) but declined and requests that the review be completed based on the available service record.

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

FINDING: The Board denies the upgrade of the 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 that his discharge was inequitable because he had a medical condition and his supervisors intentionally tried to create a paper trail to get him out of the military. The DRB noted that the applicant had been seen by Mental Health and had been diagnosed with an adjustment disorder. However, in the space of one year, the applicant accumulated a Letter of Reprimand (LOR) for making a false official statement and leaving work early, an LOR for failure to to work and disobeying the order of a senior NCO, an Article 15 for failure to obey the order of a senior NCO, a Letter of Counseling for failure to go to work, and an Article 15 for violating a regulation by charging his M-16 rifle and having it off safety. The DRB found the applicant committed the misconduct alleged and there was no inequity or impropriety in the applicant's discharge for misconduct. Additionally, the applicant did not contest his discharge at the time it was initiated and submitted no statements on his own behalf. The DRB 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 the basis for this case.

CONCLUSION: 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 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 and determines the discharge should remain unchanged.

Attachment: Examiner's Brief