AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

ONAL APPEARANCE

GRADE	AFSNISSAN

x	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC	OTHER

DENY

X*+

X*+ X*+ X*+

A93.0l A94.05

INDEX NUMBER	A67.90

X*+

l ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
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

HEARING DATI!	CASE NUMBER

19 Jul2013

FD-2013-00373

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 submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant' s request.

* CHANGE RE CODE

TO:

SAF/MRBR
550 C STREET WEST,SUITE 40 RANDOLPH AFB, TX 78 150-4742

FllOM:

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
ISJS COMMAND DR, EE WING, JJU> FLOOR ANDREWS AFB,MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00373	

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 discharge is upgraded to Honorable. In addition the Board voted to grant a change in reason for discharge and the reenlistment code.

ISSUE:   The applicant was discharged with an under honorable conditions (general) discharge for a Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline. The applicant contends that the evidence that led to his discharge is insufficient and does not warrant a General discharge. He also states that he was young at the time and a few mistakes should be afforded due to his  youth. He admits he  has  matured considerably and wants to reenlist in the Air Force. The records indicated the applicant received a Letter of Reprimand and three Records of Individual Counseling. His misconduct included oversleeping, reporting to duty late, failure to follow order to get a haircut, reporting late for duty without training material, failure to complete homework, failure to inspect the EGW equipment and failure to use checklist, agitated with and pushed another airman, disrespected instructor during training course,  and argumentative demeanor. After through consideration of the information provided by the applicant, the records of the case, the  DRB concluded there was sufficient mitigation to substantiate upgrading the discharge to Honorable, change the reason for discharge and the reenlistment code. Although  the Board does not condone  applicant's misconduct, the Board finds sufficient mitigation and extenuation based upon the applicant's overall duty performance, memorandum from Area Defense Counsel, to consider his discharge harsh. As such, the Board grants upgrade of discharge to honorable, change of reason and authority for discharge, and change of reenlistment code.

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.

However, in view of the foregoing findings, the Board concludes that the  overall  quality  of  applicant's service is more accurately reflected by an Honorable discharge, the reason for the discharge is  more accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.	·

Attachment: Examiner's Brief