AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

AFSN/SSAN

YES	NO
x

X  PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

RECORD REVIEW
ADDRESS AND OR ORGANl7..ATION OF COUNSEL

MEMBERS SITTING
x x x x
'	'	x
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ISSUES
A93.24

HEARING DATE
23 APR 03

INDEX NUMBER
A67.90

CASE NUMBER
FD2002-0381

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 APPERANCE HEARING j ;J+l'!  l.l !ANJ) nm BOAJW'S. D!l	N'MTIONAL A!l:Fij/ ,psseo ON	,r;crum AIR FO llj	GE REVIEW 119Aw DECISIC)N"AL  RATIONALE!

···.·:··::·::·+::,::,.<··	,,::·;,,	 	
REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

SIGNATURE OF RECORDER	SIGNATURE OF BOARD PRESIDENT
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SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

(EF-V2)

l)ATE:/.2.3 APRi.O!l
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0381	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason for the discharge.

The applicant appeared and test"   ed before the Discharge Review Board (DRB), without counsel, at Andrews AFB, MD on April 23, 2003.  Applicant's wifi	lso testified on the applicant's behalf.

The following additional exhibits were submitted at the hearing: Exhibit 5:  Applicant's  contentions.
Exhibit 6: Info on Attention Deficit & Disruptive Behavior Disorder. Exhibit 7: Wife's Social Work Certificate.
Exhibit 8: Psychological Testing Report. Exhibit 9: Letter of Diagnoses.
Exhibit 10: Daughter's diagnoses.

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

FINDINGS:  The discharge is upgraded to Honorable.  The Reason for discharge is changed to Secretarial Authority.

ISSUE: The applicant received a General discharge for Misconduct. Applicant contends the Characterization and Reason for discharge did not accurately represent the basis for separation because of his Attention Deficit Hyperactivity Disorder. After a thorough and complete consideration of the information submitted by the applicant by his personal testimony, and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate a change in the discharge and the Reason for discharge, but did not change applicant's reenlistment code. The DRB agreed that had the commander, at the time of discharge, known about, or, had the attending physician appropriately diagnosed the applicant's problem, he would have been discharged with an Honorable discharge for Conditions that Interfere With Military Service.
Specifically, Impulse Control Disorder.  Since the applicant was discharged under the provisions of Air Force Regulation (AFR) 39-10, dated April  1, 1988, the appropriate paragraph would have been 5-11i(4) which is Disorders ofimpulse Control.  The current Air Force Instruction (AFT) concerning discharges, AFI 36-3208, paragraph,  5-/ l , Conditions That Interfere With  Military Service, is further broken down and Impulse Control Disorder is listed under paragraph  5.11.9.4, which is under the  main paragraph 5.11.9, Mental Disorders.    Although the Reason for discharge should be Impulse Control Disorder, the governing DoD Instruction neither did then at the time of discharge, nor currently does, include a Separation Program Designator          (SPD) code for Impulse Control Disorder.   Ifthe DRB was to dictate that the applicant's Reason for discharge be changed to Impulse Control Disorder, which has no corresponding  Separation Program Designator since it comes under the broad category
of Mental Disorders, then his Reason would be changed to Personality Disorder. The DRB opined that this clearly is not the case and in the absence of a corresponding SPD code for Impulse Control Disorder, the DRB found that the applicant's Reason for discharge should be changed to Secretarial Authority.

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 further concludes that the overall Reason for discharge is more accurately reflected as Secretarial Authority. The applicant's Reason for discharge should be changed to Secretarial Authority, SPD Code JFF, under the provisions of Title I 0, USC 1553.

Attachment: Examiner's Brief