AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE  GEN	x

PERSONAL APPEARANCE	RECORD REVIEW

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

x

MEMBER  SITTING
!	l

HON	GEN

UOTHC	OTHER	DENY

X*	+

X*+

X*	+

X*+

ISSUES

A94.05 A93.09

INDEX  NUMBER

A67.10

X*+

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 HEAR ING

HEARING DATE	CASE NUMBER

03 Apr 2014	FD-2013-00489

Case heard in Washington, D.C.

Advise applicant of the decision of the Board.

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

+ CHANGE RE CODE

-- -	r,.-,1.ETARIAL

TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00489	

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 appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 03 Apr 2014.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions
Exhibit #6: WAIS IV Client Report
Exhibit #7: Commonwealth of PA child abuse history clearance

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

FINDING:    The Board grants the requested relief.

ISSUE: Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

Applicant contends discharge was inequitable because it was too harsh.  He stated that there had been multiple deaths in his family and this contributed to his misconduct.  The records indicated the applicant received one Letter of Reprimand and one Letter of Counseling.  His misconduct included failed to obey a direct order by parking in an unauthorized location, made a false statement, and driving under the influence. Although the Board does not condone the misconduct, they found the discharge to be too harsh and opined the applicant should have been given the opportunity to rehabilitate.

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