Am FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME  OF Si:RVICE MEMBER  (LAST, FIRST MIDDLE  INITIAL)	. GRADE	AFSN/SSAN

TYPE

AB

X   PERSONAL APPEARANCE	REI:ORD  REVIEW

·wv  EL	NAME OF COUNSEL AND OR. ORGANIZATION
YES	NO
x

ADDRESS AND 01{ ORGANIZATION OF COUNSEL

MEMBERS Sl'ITING
x
X* X* X*
x

ISSUES
A93.02, A93.08, A93.10

INDEX NUMBER
A67.IO	1	ORDER APPOINTING 1HE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTJFICATION
2	
HEARING DATE
03 07 14

CASE NUMBER
FD2002w0523

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

TAPE RECORDING OFPERSONAL APPERANCE  HEARING

REMARKS
Case beard at Washington, D.C.
* Change reason   to Secretary Authority
The AFDRB determined the applicant's reenlistment (RE) Code should be changed to 3K. Advise applicant of the decision of the Board.

TO:

SAFIMIBR
550C STREET WEST, SUITE 4-0
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AR FORCE PERSONNEL COUNCIL
AR lURCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, IE WING, 'jlD FIDOR ANDREWS  AFB, MD20762-7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0523	

GENERAL: The applicant appeals for upgrade of his discharge from General to Honorable, to change the reason for the discharge, and to change his reenlistment code. The applicant appeared without counsel and testified before the Board at Andrews AFB, MD, on July 14, 2003. The applicant submitted no additional exhibits or witnesses.

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

FINDINGS:  The applicant's discharge is upgraded to Honorable and the reason for the discharge is changed to Secretarial Authority.  A change of the applicant's reenlistment code is also Approved.

The Board finds that neither the evidence of record nor that provided by the applicant reveal any impropriety that would justify the approval of the applicant's request. However, the Board does find that the applicant's character and reason for discharge (and consequent reenlistment code) are inequitable.

Issues: The applicant contends that his general discharge was inequitable because his ability to serve was impaired by his youth and immaturity as well as marital problems. The Board notes that prior to and after the applicant's first Article 15, his duty performance remained excellent. The applicant's testimony also indicates that his second Article 15 was the direct result of a period of severe marital discord. The applicant testified that it was during this time that he requested that his commander discharge him and that his request was made without a full appreciation of how his discharge would be characterized or how it might affect his ability to reenter the military later. The Board consequently concluded that absent the then existing marital discord and his subsequent request for discharge, the applicant would not likely have been discharged. After a thorough and complete consideration of the applicant's forthright personal testimony and the information contained in the record, the Board concluded that there was sufficient mitigation and extenuation in the applicant's circumstances at the time to substantiate upgrading the applicant's discharge and to change the reason for the discharge. The Board also concluded that the applicant's reenlistment code should also be changed.

CONCLUSIONS:  The Discharge Review Board concludes that the applicant's discharge was consistent with the procedural and substantive requirements of the discharge instruction, was within the discretion of the discharge authority, and that the applicant was provided full administrative due process.

Nonetheless, in view of the foregoing findings, the Board further concludes that the overall quality of the applicant's service is more accurately reflected by an honorable discharge and that 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 Secretary Authority under the provisions of Title 10 U.S.C, Section 1553.	
The applicant's reenlistment code should also be changed.

Attachment: Examiner's Brief