AIR FORCE DISCHARGE  REVIEW  BOARD H EARING  RF.CORD

NAME OF SERVICE Mi<:MRER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFS:-1/SSAN

AMN
X	RECORD REVIEW

ADDRESS AND OR ORGANllATION  OF COllNSF:I.

x

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x

ISSUES

A93.23 A92.35 A94.05

I NDEX NllMH>;R

4   BRIEF OF PERSONN EL FILE COUNSEL'S RELF.ASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED	OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARTNG

HEARING DATE

NUMll>:R

24 Jun 2010	FD-2009-00049

Case heard in Washington, D.C.

AplF.D A.IR FORCE

Ad vise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the A PBCMR.

Names and votes wi l l  be made available to the applicant at the appl icant's request.

SAFiMRBR
550 c STR EET WEST, surr1;:40
RANDOLPH AFB. TX 78150-4742

SECRETAl(Y Of THE AIR FORCE PERSONNEL COUNc:!I.
AIR FORCE DISCllARGR l<l'.:VIEW BOARD 15.!5 COMMAND DR, EE WING, JRD FLOOR AN!Jltl'.WS AFB, M!J 21176i.700I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00049	

GENKRAL:  The appl icant appeals for upgrade of discharge to honorable.

The applicant was offered a personal  appearance before the Discharge Review Board  (ORB) 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.

FINDINGS: The Board denies the upgrade of the discharge.

The  Board  finds that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that woul d justify a change of discharge.

ISSUES:

Issue 1. Applicant contends discharge was inequitable because it was too harsh and based on isolated incidents.   The records indicated the applicant received an Article 15, a Letter of Repri mand, and three Letters of Counseling for misconduct.  His misconduct consisted of failure to	failing to obey a lawful order, failing to obey and being disrespectful, being drunk and disorderl y, and being disrespectful to an NCO.  The Board took note that applicant had been diagnosed with cl i nical depression.  After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong and therefore, his contention is without merit.  The DRB opined that through these administrati ve actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded that the negative
aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge recei ved by the appl icant was found to be appropriate.

Issue 2.  Applicant states that his discharge d id not	i nto account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They 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.

Issue 3.  The DR H was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized xxhis tenn of service.

CONCLUSIONS: The Discharge Review J3oard 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 provided full administrative due process.

In view of the foregoing findings, the J3oard further concludes that there exists no legal or equitable basis for upgrade of discharge and determ ines the discharge should remain unchanged.

Attachment: Examiner's Hrief