X*

X+

X*

3

LETTER OF NOTIFICATION

4

BRIEF OF PERSONNEL FILE

COUNSEL'S RELEASE TO THE BOARD

ADDffiONAL EXHIBITS SUBMITIED AT TIME OF PERSONAL APPEARANCE

AlR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVlCE MEMBER (LAST, FIRST MIDDLE INIT

X*

X*

HEARING DAT1l
21 OCT 03

CASE NUMBl.llt
FD1999-00204 A

TAPE RECORDJNO OP PERSONAL APPERANCF. HEARING

11£MAIUCS
Case heard at HQ ARPC, Denver, Colorado

Change in Reason for Discharge to Secretarial Authority*.
Change in Reason for Discharge to Personality Disorder+. Advise applicant of the decision of the Board.

	
IAL)	GRADE

CAPT	AFSNISSAN	

RECORD REVIEW
AIH:lRW A1'ID OR ORGANIZATION Of COONSl!L	

SAFIMIBR
550 C STREET WEST. SUITE 40
RANDOLPH AFB, TX 781504742

SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WINO. 3m FLOOR ANDREWS AFB, MD 20762·7002

AFHQ FORM 0-2077, JAN 00	(EF V2)	Previous edition will beused.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE N1JMB£R

FD-99-00204-A	
GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant's parents, 	nd  next of kin, appeared before the Discharge Review Board on behalf of the applican	erve Personnel Center; Denver, Colorado, on 21 Oct 03, without counsel. The reason for the applicant's absence is he is now deceased.
The following additional exhibits were submitted at the hearing:
Exhibit 6:  	Activities and Accomplishments, May 1972-May 1984 Exhibit 7:  Summary of     ]	A,.ccomplishments in Later Years
Exhibit 8: Closing Summary Statement for the Board Exhibit 9: Disabled American Veteran  Letter, 11 Jul   2000
Exhibit 10: Correspondence from 	.6 letters)
Exhibit 11: Sleep Health Centers at Na tona ewis ooical & Research Center Correspondence (4 letters) Exhibit 12: Research Article: One Explanation of Nef Gene Behavior (Authored by Applicant)
Exhibit 13: Research Article: Retroviral Antibody Binding of the MHC Class 2 Molecule in HIV Infection

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

FINDINGS: The discharge is upgraded to Honorable, and the reason for discharge is  changed to Secretarial Authority.

The Board finds evidence of record and that provided by the applicant's parents, substantiates an impropriety that justifies an upgrade of the discharge. It is apparent from review of the case file that the command authorities may not have believed that Court Martial was the appropriate forum to address the appellant's misconduct. Given this inference and other evidence provided, the Board concluded that the applicant's service should not have been handled via the RILO process, but rather through other administrative procedures. The Board conc1uded that it is unlikely that an administrative discharge board would have characterized the applicant's service as any less than General and could very likely have characterized it as Honorable. Therefore, the Board agreed that the characterization should be upgraded to Honorable.

ISSUES: The applicant received an Under Other Than Honorable Discharge - Voluntary Resignation for the Good of the Service. The applicant's principal issue, as articulated through his parents, is the applicanf s discharge characterization was too harsh and does not represent an accurate assessment of the applicant's military service.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation. Specifically, the discharge authority's decision to restrict available options in the  member's case to either a trial by Court-Martial or by Resignation was improper and raised significant concerns the member not offered the full due process available under the law.

The applicant's characterization for discharge should be changed to Honorable under the provisions of Title 10, USC 1553, and the reason for separation changed to Secretarial Authority.

Attachment: Examiner's Brief