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AF | DRB | CY2003 | FD2002-0305
Original file (FD2002-0305.pdf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 
 
 

AFSN/SSAN

 

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

 

TYPE
UOTHC PERSONAL APPEARANCE X RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL

   

MEMBERS SITTING HON | GEN UOTHC OTHER

 

 

 

 

 

ae

 

 

 

 

 

         
 

 

INDEX NUMBER : Hipits SUPMALIED Tr He BOAR
ORDER APPOINTING THE BOARD

   

ISSUES

  

 

 

A94.53, A94,39, A93,23 A74,00 1
2 | APPLICATION FOR REVIEW OF DISCHARGE
3 | LETTER OF NOTIFICATION
HEARING DATE CASE NUMBER 4 | BRIEF OF PERSONNEL FILE
03-01-03 FD2002-0305 COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

PERSONAL APPEARANCE

 

 

TAPE RECORDING OF PERSONAL APPERANCE HEARING

 

ee
Case heard at Washington, D.C,

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to
submit an application to the AFBCMR.

   

      

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
P, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD

78150-4742 1535 COMMAND DR, EE WING, 3°° FLOOR
ANDREWS AFB, MD 20762-7002

  
 

SAF/MIBR
550 C STREET W
RANDOLPH AFB}4

    
 

  

 

 

   

Previous edition will be used.

 

AFHQ FORM 0-2077, JAN 00

\
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to
exercise this right.

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

FINDINGS: Upgrade of discharge is denied.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and
after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his
request to be discharged in lieu of trial by court martial for wrongfully distributing about four tabs of
lysergic acid diethylamide (LSD), and wrongfully using LSD. Applicant had also been arrested by civilian
authorities for publicly exposing himself several times, and was facing legal problems due to those
circumstances, although not used as a basis for the discharge action. Member was also a patient at the
Mental Health clinic due to marital discord, which eventually ended in divorce in spite of member’s desire
to reconcile. He spent one week on the in-patient psychiatry ward at Wilford Hall Medical Center and was
diagnosed with an adjustment disorder. The Board concluded member’s misconduct was an extremely
significant departure from conduct expected of all military members, and further noted that applicant
voluntarily submitted his request for discharge in lieu of trial by court martial and acknowledged in doing
so his characterization of service could be deemed under other than honorable conditions. In accordance
with discharge regulations, airmen discharged under these circumstances usually do have their service
characterized as UOTHC. Additionally, in spite of member’s mental health situation, he was still
responsible for his actions of misconduct and must be held accountable for those; existence of a character
and behavior disorder does not bar separation for any other authorized reason, such as misconduct, if that
reason is more appropriate; a discharge for a mental disorder is not appropriate if the airman’s record
supports discharge for misconduct. No inequity or impropriety was found in this discharge in the course of
the records review.

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
FD2002-0305
DEPARTMENT OF THE AIR FORCE
AIR FORCE DISCHARGE REVIEW BOARD
ANDREWS AFB, MD

(Former SRA) (HGH SRA)
MISSING DOCUMENTS

 

1. MATTER UNDER REVIEW: Appl rec’d a UOTH Disch fr USAF 00/09/14 UP AFI 36-
3208, Chapter 4(Discharge in Lieu of Court Martial). Appeals for Honorable
Disch.

2. BACKGROUND:

a. DOB: 71/11/23. Enlmt Age: 21 4/12. Disch Age: 28 9/12. Educ: HS DIPL.
AFQT: N/A. A-72, E-45, G-78, M-60. PAFSC: 2A655 - Aircraft Pneudraulic
Systems Journeyman. DAS: (EPR Indicates): 93/04/15-95/04/12.

b. Prior Sv: (1) AFRes 93/04/15 - 93/08/12 (3 months 28 days) (Inactive).

(2) Enlisted as AB 93/08/13 for 4 yrs. Svd: 3 yrs 2 mos 2
day, all AMS. AMN-(EPR Indicates): 95/04/13-96/04/12. Alc - 94/12/13. SRA -
96/08/13. EPRs: 5,5.

3. SERVICE UNDER REVIEW:

a. Reenlisted as SrA 96/10/15 for 4 yrs. Svd: 03 Yrs 11 MoS 0 Das, all

b. Grade Status: None.

c. Time Lost: None.

d. Art 15’s: (1) None.

e. Additional: Unknown.

£. CM: None.

g. Record of SV: 96/04/13 - 97/04/12 Dyess AFB 5 (Annual)
97/04/13 - 98/04/12 Dyess AFB 5 (Annual)
98/04/13 - 99/04/12 Dyess AFB 5 (Annual)

(Discharged from Dyess AFB)

h. Awards & Decs: AFLSAR, AFTR, NDSM, AFOUA, AFGCM W/1 DEV.

i. Stmt of Sv: TMS: (07) Yrs (05) Mos (00) Das
TAMS: (07) Yrs (01) Mos (02) Das

4. BASIS ADVANCED FOR REVIEW: Appln (DD Fm 293) dtd 02/07/07.
(Change Discharge to Honorable)
FD2002-0305

NO ISSUES SUBMITTED.

ATCH
None.

02/11/05/ia

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