AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

z 11nn	rnrmrr •11..,
TYPE GEN	PERSONAL  APPEARANCE

AlC	IUlffll ...
X	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON
x x x x

GEN	UOTHC	OTHER

DENY

x

ISSUES

A92.22 A93.08 A93.24

INDEX NUMBER

A67. 10

I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFJCA TION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

17 Jun 2004	FD-2004-00120

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00120	

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 to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:    The Board grants the requested relief.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon  the  record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUES:

Issue I . Applicant contends discharge was inequitable because it was too harsh in view of marital and personal problems he was facing at that time.  The records indicated the applicant received an Article 15 and two Letters of Reprimand for misconduct in the enlistment under consideration.  His infractions included  two failures to go and assault of another military member.  The DRB noted all three incidents occurred within about a I -month period in an otherwise satisfactory period of service.  The Board recognized that applicant's marital and family problems had a direct bearing on his difficulties during the last month of the enlistment under review.  Prior to these isolated problems, his military record was satisfactory.

Issue 2.  Applicant states that his discharge did not take into 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.   The Board found applicant performed his duties in a satisfactory manner for 2 years of his enlistment and concluded his one Article 15 did not seriously detract from his otherwise satisfactory record of service.   And although the Board did not condone applicant's misconduct, they felt an Honorable discharge is more appropriate.

Issue 3 applies to the applicant's post-service activities.  The DRB was pleased to see that the applicant was doing well and has a good job.  After a thorough and complete consideration of the information submitted by the applicant and contained in the record, the Board concluded there was sufficient mitigation to substantiate an upgrade.  Specifically, the Board found the characterization too harsh.

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.

However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge.   The applicant's characterization of service should be changed to Honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief