AIR FORCE DISCHARGE REVIEW BOAR.D H.EARING RECORD

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

AFSN/SSAN

TYPE
GEN	PERSONAL  APPEARANCE	X  RECORD REVIEW

COUNSEL
YES	NO
x

NAME 011 COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  011 COUNSEL

MEMBERS SITTING	llON
X*+ X*+ X*+

UOTllC

OTHU

x

L-------------------------------------1	x

ISSUES

INDEX NUMBER

EXHIBITS S\lBMllTIJ) TO THE BOARD

A93.02,  A92.16, A92.22

A67.10	1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARING DATE
03-04-09

CASE NUMBER
FD2002-0341

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXIIlBITS SUBMITI'ED AT TIME OF PERSONAL  APPEARANCE

APPUCAN't'"S  .SSUE AND TliE BOARD'S DEQSIONAL RATIONAL AIU! DISCUSSED ON''fllEATl'A

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS

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

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

_ _ _ _ _ .... _ ..A.. _ _ _ _  _ti:Jcbl..;.:r11J>.Ji'_o1i: :acu.JU\.1.tQ 'li:O'\JO'.N.."'t. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

TO:

SAF/MIBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742·

INDORSEMENT

FROM:

0-4-14.

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3Rl> FU>OR
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

FD2002-0341	

GENERAL: The applicant  appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change his reentry code.

The applicant was offered a personal  appearance before the Discharge Review Board but declined to exercise this right.
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 neither the evidence of record 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 an under honorable conditions (general) discharge for minor disciplinary infractions. Member had two Letters of Reprimand, four Letters of Counseling, and an Article
15. His misconduct included at least six instances of being late to work, one traffic violation, and one incident of dereliction of duty. Member now attributes his behavior to immaturity and notes he has grown up and overcome the behavior that led to his discharge. He notes that the Army National Guard allowed him to enlist after his administrative discharge from the Air Force, and was subsequently allowed to transition to the Air National Guard. Now he desires to return to the active duty Air Force. While the Board did not condone applicant's misconduct, which was a departure from conduct expected of all military members, they also noted applicant was not involved in serious criminal misconduct. But for these offenses, applicant was a satisfactory airman and good citizen, and has continued to be a good citizen since his discharge. Therefore, 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 evidence submitted 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 also concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and 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 Secretarial Authority; under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief