AIR FORCE DISCHARGE REVIEW BOAR D HEARING RECORD

NAME OF SERVICE MEM BER (LAST, FI RST MIDDLE INITIAL)	GRADE

Jl,if ...L££!1t
TYPE

AFSN/SSAN

PHI lll UJ [ I

COUNSEL
YF:S	NO
x

X  PERSONAL APPEARANCE
NAME OF COUNSF:L AND OR ORGANIZATION

RECORD REVIEW
ADIJR:ss AND OR ORGANIZATION OF COIJNSt;L

MEMBERS  SITTING

von;OF TIIB BOARD

HON	GEN	UOTHC

x x x x

OTHER

DF:NY

ISSUt:S
A94.06, A93.02,A92.22

HEARING DATE
5 FEB 03

INDEX NUMBER
A67.90

CASE NUMBER
FD2002-0092

1
2	APPLICATI ON FOR REVIEW OF DISCHARGF
3	LETTER or NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S  RFl,EASE TO THE BOA RD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

ANO THE 60ARD1S DE JSIONAL RATlr

TAl'E RECORDING OF PERSONAL Al'PERANCE HEARING
ISCHAROE RE  lEW 

I

REMARKS
Case heard at Travis AFB, California.

Advise applicant of the decision of the Board.

* Change the Reason for discharge to Secretarial Authority.

+ Change the RE Code to 3K.

F
DATE: 5 FEB 03

SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781 50-4742

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY or THE AIR FORCE PERSONNEL COUNCIL AIR fORCE  DISCHARGE  REVIEW BOA RD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFR, MD 20762-7002
Previous ed ition wi l l  be used.

CASE NUMBER

FD2002-0092

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

GEN ERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel , at Travis AFB, CA on February 5, 2003.  The following additional exhibits were submitted at the hearing:

Exhibit 5:  Applicant's contentions.
Exhibit 6: Character letter,  1	-,IM ;LAAFB DoD Police Force, undated
Exhibit 7: DoD Police, LAAF'S Af)pra1saf, Jan-May 2002
Exhibit 8:  LAPD Diploma, LAPD Police/ Academy Training, Basic Pol ice Science, I5 Nov 02 Exhibit 9:  DoD Police certificate of training, 4 Apr 2002
Exhibit  I0: Letter of appreciation for good deed, LA DoD Police, undated Exhibit 11: Letter dated 1 Nov 93, request for permissive TOY for training Exhibit 12: Letter dated 27 Feb 93, recommendation for permissive TDY Exhibit 13: Fact sheet, relocation of Kadena consol idated command £OSt
Exhibit 14: Character letters (2), frorrdJt•ll' lil Illand DIJ mib
Exhibit 15: Quality Control Records, (2) Exhibit  16: Letters of appreciation, (11)
Exhibit  17: Certificates of achievement, recognition, appreciation, (I2) Exhibit 18: 374 SPTG/CC Unit Safety Qualification letter
Exhibit  19: Certificates of training, (8)
Exhibit 20: Letters of appreciation, character (2) Exhibit 21: LAPD Police Officer Academy certificate Exhibit 22: AF Form 910, 12May92-11Jan94 w/ atch
Exhibit 23: 10Nov94 Subsistence in kind (SIK) validation letter Exhibit 24: Hand drawn map of security area ofresponsibility

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 the neither the evidence of record and 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 a General Discharge for M iscond uct - Conduct Prejud icial to Good Order and Discipline. The records indicated the applicant received an Article 15 for attempting to steal an In-Flight Kitchen box lunch meal of a value of about $2.60. He also received 3  Letters  of Reprimand and 2 Letters of Counseling for inattention on post, failure to follow standard procedures, failure to attend chemical warfare training, and failure to repair a hole in his boots. Evidence of testimony and the records regarding the actual nature and circumstances of the incidents lead the board to conclude that the applicant's discharge and characterization were too harsh, The Board does not  condone  the  serious incidents of inattention while on post, but noted that no further incidents of inattention on post had occurred in the year prior to his discharge, The applicant provided evidence regarding the circumstances surrounding his Article 15 that lead the Board to conclude that discharge was harsh. The Board opined based on the positive aspects of the applicant's duty and post service accomplishments reflecting positively on his character, that he may have been retained for an opportunity for rehabilitation, While the Board did not condone the applicant's incidents of willfol misconduct, they did feel it more equitable to characterize his service as honorable. The DRB also opined that the reason for discharge should be changed to Secretarial Authority and to change his RE Code.

CONCLUSIONS:	The Discharge  Review  Board  concludes that the d ischarge 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 also concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. The applicant's characterization  for discharge should be changed to Honorable, Secretarial Authority, and the RE Code changed to 3K under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief