AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

i NAME  m·SERVICE MEMBER  (LAST, FIRST MIDDLE  INf rlAL)

PERSONAL  APPEARANCE

GRADE	AFSN/SSAN

AlC
x	RECORD   REVIEW

ADDRESS AND OR ORGANIZA T!ON OF COUNSEL

x

GEN

UOTHC	OTHER	DEN Y
x
x

1  ORDER APPOINTING THE BOARD·--·---· -----,..,..-
2  APPUCATION !'OR REVIEW 01' DISCHARGE
3  LETTER OF NOTIFICATION
: 4  BR I EF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
! TAPE RECORDING or PERSONAL APPEARANCE

HEARING  l!AH:	CASE NUMBER

OS Aug 2010	FD-2009-00156

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to  application to the AFBCi\1R.

Names and votes will be made availahlc to the applicant at the applicant's req uest.

:     FROM.

AFHQ FORM 0-2077, J AN 00	(EF-V2)

SECRETARY OF THI': AIR FORCE YERSOi'<SEl. COllNCll.
AIR ronci: lllSCHARGI:: REVlt:w  OAl<ll
!535 COMMAND  DR, l::E WING, JRD t'LOOR ANDREWS AFB, MD 20762-7001

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nl;MBER

FD-2009-00156	

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 and requests that the review be completed based on the available service record.

The attached brief contains available perti nent data on the appl icant and the factors leading to the discharge.

FINDING:  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 would justify a change of discharge.

ISSUE:

Issue 1. Applicant infers discharge was inequitable because it was too harsh because he was suffering from depression.  The records indicated the applicant received tlu·ee Article l 5s, a Letter of Reprimand, and a Letter of Counseling.  Applicant's misconduct included several alcohol-related incidents, disobeying orders or failing to follow orders, failure to go, and failure to remain on station.  Whi le a mental health evaluation dated August 10, 2004, recommended discharge on the basis of applicant's mental health condition, the legal review of the administrative discharge for minor discipli nary infractions addresses this.  It states "Although the diagnosis provides and additional basis for discharge under paragraph 5.1 1.9, Mental Disorders,
discharge under that provision is not appropriate when the Airman's record would support discharge i()r misconduct."  The ORB opined that through the administrative actions taken by the unit, 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 received by the applicant was found to be appropriate.

CONCLUSION: The Discharge Review Hoard concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was withi n the discretion of the discharge authority and the applicant was provided full administrative due process.

In view of tl1e 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