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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NA.!\-1E OF SERVICE MEMBER (LAST, FIRST MJDDI,E INITIAL)

MEMBERS SITTING

X*+ X*+ X*+
X*
x

ISSUES
A94.06, A92.22	1	ORDER APPOINTlNO THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
2	
HEARING DATll
02-12-06

CASE NUMBER
FD2002-0149

4	BRIEF OF PERSONNEL FILE
COUNSEL'S  RELEASE  TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT  Tltv!E
PERSONA!. APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING

* Change reason and authority to Secretarial Authority.  (SPD:JFF)
+ Change RE Code to 3.K.

Case heard at Washington, D.C.

Adl'ise applicant of the decision of the Board.

SAF/MIBR
550 C STREET W S , SUITE 40
RANDOLPH AF	78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AlR 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 NUMBFJl

FD2002-0149	
GENERAL:  The applicant appeals for upgrade of discharge to Honorable and to change his reenl istment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews	
AFB, MD, on December 6, 2002.  The following witness also testified on the applicant's behalf:   Mrs.	
applicant's spouse.

The following additional exhibits were sub   itted at the hearing:
Exhibit 6:   Character Letter from TSgt	dated 27 November 2002 Exhibit 7:   Character Letter from SS	dated 5 October 2002 Exhibit 8:   Character Letter from SSgt	, dated 20 August 2002

The attached brief contains the 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 or that provided by the applicant substantiates an impropriety that would justify a change of discharge.  However, based on applicant's testi mony, the Board finds that the applicant's character of discharge and reason for discharge should be changed.

The applicant's issues are listed in the attached brief

Issues.  Applicant contends his discharge should be changed because since his departure from the military, he has been rehabilitated, so his discharge should not continue to be an obstacle to him.  He has a strong desire to return to Air Force service.  The records indicate applicant received an Article 15, and several letters of reprimand and counseling, for various offenses, including failure to go, underage drinking, absence from duty without authority, failure to pay his Deferred Payment Program account, and misuse of his government credit card.  Applicant attributes his misconduct to youth, immaturity, and a lapse in
judgment.   While the Board concluded the misconduct was a significant departure from conduct expected of all military members, and the gravity of some of his offenses outweighed his otherwise satisfactory service at the time, they also noted applicant was not involved in serious criminal misconduct, and there were extenuating circumstances that predicated many 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 found sufficient mitigation at this time to render the characterization of the discharge received by the applicant too harsh.  The Board found the testimony offered by applicant 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 further concludes the overall quality of applicant's service is more accurately reflected by an Honorable discharge, and the reason for 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 provisions of Title 10, USC 1553.

Attachment: Examiner's Brief