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Ell APPOINTING nmBOARD

PATE
010223

l:N MBER
FDOl...00012

Case heard at Andrews'AFB, MD

*Change the reason for discharge to: Secretarial Authority.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

SAFIMIBR
550 C STREETWEST, SUITE40 RANDOLPll AiS,TX 71150-4742

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

SECRETARY OFTIIE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3m FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER
01-00012	
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 the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The	the requested relief.

The	finds that neither evidence of record nor that provided by the applicant substantiates an impropriety which would justify upgrade of discharge. However, based upon the record, and applicant’s testimony and evidence provided by the applicant, the Board finds that the applicant’s character of discharge is inequitable.

The applicant’sissues are listed in the attached brief.

Issues. After a thorough and complete consideration of the information provided by the applicant, counsel and contained in the records, the DRB concluded there was sufficient mitigation to substantiate upgrading the discharge. Specifically, the Board found the characterization was too harsh. For instance, his last two Article 15s were presented to him to the same day. Thus, not giving him a chance to change his negative behavior. Also, the Board noted the applicant was entitled to request an administrative board, but there was no indication in the records that he had been given that opportunity. Although the	did not condone the misconduct of the applicant, an Honorable discharge was deemed appropriate and equitable. The Board also concludes that there is not a legal or equitable basis for a change of the reason for the discharge.

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	concludes that the overall quality of applicant’s service is more accurately reflected by an Honorable discharge. The applicant’s characterization of discharge should be changed to Honorable under the provisions of Title 10, USC 1553.

Attachments:
1.	Examiner’sBrief
2.	Issues.