AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

r •

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

TYPE

PERSONAL APPEA RANCE	X  Rli:CORD REVIEW

,  COUNSEL	NAME OF COUNSEi,AND OR ORGANIZATION
YES	NO
x

ADDRESS AND OR ORGAN!ZA TION OF COUNSEL

MEMBERS SITTING

HON

X*+

GEN

VOTE OFTHE BOARD

UOTHC	OTHER

DENY

X*+ X*+
X*+

X*+

INm:x NUMBER

EXHIBITS SUBMITTED TO THE BOARD

A67.10	l OR DER APPOTNTfNG THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
13 FEB 03

CASJ:NUMBER
FD2002-0217

1             4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITION AL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDlNG OF PERSONAL APPERANCE HEARING
AP!'LICANT'S ISSUE AND THf: BOARD'SDllCISIONAl1.RATIO)'lAL ARE DISCUSSED ON TilE ATTACHED AIRFORCll DJSCl{AJ<GE REVIEW BOARD DECISIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

* Change Reason for Discha rge to Secretarial Authority.

+ Change RE Code to 3K.

NATURE OF RECORDER

SIG
--
ro:

SAF/MIBR
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

FD2002-021 7	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel,  at Andrews AFB, MD on Febrnary  13, 2003.  The following additional exhibits were submitted at the hearing:

Exhibit 5:  Applicant's contentions. Exhibit 6:  Statement from applicant

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

FINDINGS: Upgrade of discharge to Honorable is approved. The Reason for discharge is changed to Secretarial Authority and the RE Code will be changed to 3K.

The Board finds that neither the evidence of record or 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 was inequitable.

.lSSUES: The applicant was discharged  with a General Discharge for Misconduct - Minor Disciplinary Infractions. The records indicated the applicant received an AETC 173 for dereliction of duty (sleeping in class), a Record of  Individual Counseling for dereliction of duty (making an inappropriate remark to a female airman), and three letters of Reprimand for violating a lawful instruction by having a body piercing in place while in uniform, failure to go on two separate occasions, lying to a student leader, and making a false official statement. While the Board did not condone the applicant's incident of lying to the student leader and making a false official statement, they also noticed that there was no senior NCO  or senior officer input in regards to this separation. After a thorough and complete consideration of the information submitted by the applicant, the applicant's compelling personal testimony, and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the reason for the discharge.  The Board also agreed to change the RE 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.

lfowever in view of the foregoing findings the board further concludes the applicant was not provided  full administrative due process and that the overall quality of the applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority.  In addition, the applicant's RE Code should be changed to 3K.

Attachment: Examiner's Brief