••

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

YES	NO
x

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZ.A TION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING	HON
X*+ X*+ X*+ X*+

GEN

VOTE OF TIJE BOARD

UOTIJC

OTHER

OENY

x

ISSUES

INDEX NUMRER

EXHIBITS SIJJIMIJT!ID TO mE BOAml

A93.l0, A92.21

A67.l0	1	ORDE APPOINTING THE BOARD
2	APPLICATJON  FOR REVJEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
03-01-24

CA.SE NUMBER
FD2002-0371

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

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPUCANT'S ISSUE AND Tim BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AlRl'ORCE DISCl!AR(ili. REVIEW !!OARD DEt1SIONAL RATIONALE.

REMARKS

"'  Change reason and authority to Secretarial Authority.  (SPD:JFF)

+ Change RE Code to 3K.

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

SAF/Ml
550 C STREET WEST, SUITE 40 RANDOLPH 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

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0371	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change his reentry code.

The applicant was offered a personal appearance before the Discharge Review Board  hut  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 grants the requested relief.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety that would justify upgrade of the discharge. However, after a thorough review of the record, the Board finds that the applicant's character of discharge and reason for discharge are inequitable.

Issues. The applicant was discharged with an under  honorable conditions (general) discharge for minor disciplinary infractions. Member had three Letters of Reprimand, and five Letters of Counseling. His misconduct included dress and appearance violations, failure to obey orders, and unprofessional conduct. Member now attributes his behavior to grief over the sudden, unexpected death of his father due to stress induced heart attack shortly after member arrived at his overseas duty station. Applicant noted his father was a law enforcement officer, and applicant had chosen the same career path, which heightened member's anxiety at that time. The distance away from his family exacerbated his bereavement  process  and his emotions were confused, causing him to believe he needed to separate from the military. Applicant  states his misbehavior was a direct result of his inability to properly handle his grief, and was not indicative of his true character then or now. The passage of time has ameliorated the grief, and applicant now desires to return to military service. While the Board did not condone app1icant's misconduct, which was a departure from conduct expected of all military members, they also  noted applicant was  not involved in serious criminal misconduct, and there were extenuating circumstances that may have predicated some of the incidents. But for these offenses, applicant was a good airman and citizen, and has continued to be a good citizen since his discharge. The Board felt it would have been more equitable to allow him a period of probation and rehabilitation, or to have completed his period of service with his service characterized as honorable. Therefore, the Board found sufficient mitigation at this time to render the characterization of the discharge received by the applicant too harsh. The Board found the evidence  submitted  by  apphcant sufficient to warrant an Honorable discharge, to change the reason and authority for the discharge, and to change the reenlistment  code.

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

Attachment: Examiner's Brief