AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
22 2

AFSN/SSAN

PERSONAL  APPEARANCE
,, COVl'!$J:l; . .	NAME OF COUNSEL AND OR ORGANIZATION
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YES	NO
x

SITTING
X+*			
					
X+*					
X+*					
X+					
X+*					

MEMBERS

X  RECORD REVIEW
ADDRESS AND OR ORGANIZA TJON OF COUNSEL

THE AMERICAN LEGION

HEARING DATE
17 APR 03

CASE NUMBER
FD2002-0393

2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd.

TAPE RECORDING OF PERSONAL APPERANCE HEARING
ATT'€OCl!;il,	CJF	...·. DECl!llAL	!ON;
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+ Change the Reason and Authority to Secretarial Authority.

* Upgrade the RE Code to 3K.

.SJ-G-N-A-T-U--R-E-O-F--R-E-C-O-R-D-E-R---------------------------------------------S-IG-N--A-T-U-R-E--O-F-B-O-A-R-D--P-R-E-S-I-D-E-N-T------------------------
''

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, 3RP 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

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, to change the Reason and Authority for the discharge, and to change his reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB, MD on April  17, 2003.

The following additional exhibits were submitted at the hearing:  Exhibit 5:  Applicant's issues; Exhibit 6: seven character letters;Exhibit 7:  AAFES Credit account letter: Exhibit 8:  Letter from Counsel Exhibit 9: Witness statement letter: Exhibit I 0:  eight training certificates; Exhibit  11: five certificates of appreciation; Exhibit 12:  Statement from member.

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

FINDINGS:  The discharge is upgraded to Honorable, and the Reason and Authority for discharge is changed to Secretarial Authority.  The RE Code is changed to 3K.

ISSUE:  The applicant contends his discharge was inequitable because it was too harsh.  The records indicated the applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for a Pattern of Misconduct -failure to meet financial obligations and for commission of a serious offense - sexual deviation.  After a through 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 an impropriety and to upgrade the discharge and change the reason for the discharge.  The Board also changed the applicant's reenlistment code.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation and was not within the discretion of the discharge authority and that the applicant was not provided full administrative due process. There was an error in procedure associated with the discharge at the time of issuance; specifically, the member was informed about an Administrative discharge board and elected such. However, the member's commander did not follow through and discharged the member. The rights of the applicant were prejudiced thereby.

In view of the foregoing findings, the board further 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.  The applicants RE Code should be changed to 3K.

Attachment:	
Examiner's Brief