AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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NAME OF SERVJC< MEMBER (LAST, FIRST M IDDLE INITIAL)	·-·-	E	""N:::::;:;:.._	,

ERSONAL  APPEARANCE	X   RECORD REVIEW
COUNSEL	NAME OF COUNSELA'-N,_DO_R_OR_G_A_N_7..AT_lO_   ----------+-AVV RE=ssA-ND OR OR(;A_N_Z'.AT-IO_N_O_f_C O'U""N""s' E L	1
YES	NO
x

MEMBERS  SITTING	HON	GEN

VOTE OF TllE BOARD
IJOTllC

OTHER

DENY

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:	:	X*
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f-'1=s.s,..u.""t"..,..  -----·-·-·- --------·--- INDEX NUMBER

X* X*
EXIIlBITS SUBMITr:ED TO THE BOARD

AOL02,  AOl.08, AOL54

A67.30	1	ORDER APPOINTING THE BOARD
2	APPLICATION fOR REVIEW OF DISCHARGE
3	LETfER OF NOTIFICATION

HEARING DAH:
03-04-09

CASE NUMBER
FD2002-0366

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXlllBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE

'	TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLll;!ANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE_

REMARKS

* Change Reason and Authority to Expired Term of Service. Case heard at Washington, D.C.
Advise applicant of the decision of the Board.

1iJGl:'IATJJMOf Jl -"-_f_ _ ./._ '/_.;_,_ _ _ _ _ [ _L_ _ _ _ _ _ _ J_ --_ _ J_
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TO:

,.,/	v· ..

INDORSEMENT

FROM:

I	DATE:    03-04-14

SAF/MIBR
550 C STREET WEST, SUITE 40 RANIX>LPJI 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

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0366	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board 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	the requested relief and also determined the reason and authority for discharge should be changed to "expired term of service" (ETS).

Issue. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was an impropriety in the processing of the applicant's discharge requiring an upgrade and change of reason for the discharge. Specifically, the Board found applicant's unit put him on administrative hold before his enlistment expired in October 2001 for the purposes of investigation and court martial. After his conviction, he served time in confinement; after his release, he was improperly held on active duty for the purposes of processing an administrative discharge. Furthermore, member's defense counsel requested member's immediate release from active duty at the time of discharge processing, noting the prohibition against holding members beyond their ETS, which was denied. The Board concluded this was an improper denial of said request. The Board noted that applicant's tenn of service had expired and the chain of command was prohibited from extending member on active duty for the purpose of administrative separation. While the Board does not condone member's misconduct for which he was convicted at court martial, the Board did conclude legal errors occurred in the processing of the discharge, which were detrimental to the member.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation, although within the discretion of the discharge authority, and that the applicant was not provided full administrative due process.

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 and the reason for the discharge is more accurately described as "Expired Term of Service." The applicant's characterization and reason for discharge should be changed to Honorable, and "Expired Term of Service," under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief