AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AJ<'SN/SSAN

111 llhi	"'

X  PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

BON

GEN	VOTllC

OTHER

DENY

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x x x
'	x
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ISSUES
A94.05

INDEX NUMBER
A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING  DATE
25 APR 03

CASE NUMBER
FD20020402

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

TAPE RECORDING OF PERSONAL APPERANCE HEARING

REMARKS
Case heard at Washington, D.C.

Applicant's discharge is changed to Honorable, Reason is changed to Secretarial Authority.  RE Code will not be changed.

Advise applicant of the decision of the Board.

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

AFHQ FORM	2077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3Ro FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0402	

GENERAL:  The applicant appeals for upgrade of discharge, change the reason and authority for the discharge, and to change the RE Code.

The applicant appeared and testified before the Discharge Review Board (DRB), at Andrews Air Force Base, Maryland, on April 25, 2003.

The following additional exhibits were submitted at the hearing:  Exhibit 5:  Applicant's issues; Exhibit 6: character letter; Exhibit 7:  current pay statement; Exhibit 8:  internet print out of other cases similar to applicants.

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

FINDINGS:  The discharge is changed to Honorable and the reason for discharge is changed to Secretarial Authority.	However, the RE Code was not changed.

ISSUE: The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions. Applicant claims the discharge was too harsh and did not take into account the problems he was	
experiencing.  After a thorough and complete consideration of the information submitted by the applicant, the applicants compelling testimony, and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate a change in the Characterization and Reason for discharge, but did not change applicant's reenlistment code.  The DRB opined that the applicant was not derelict in the performance of his duties when the Article 15 was issued and found it appalling that the First Sergeant did not move the applicant out of his room considering the problems he was having with his roommate.  While the DRB did not condone the applicant's financial irresponsibility or the safety violations, they did feel it would have been more equitable to give him an Honorable discharge.  The DRB also changed the applicant's Reason to Secretarial Authority.  The DRB did not, however, change the RE Code based on the fact that the applicant was hospitalized at Malcolm Grow USAF Medical Center,
Andrews AFB, MD, in the impatient psychiatry unit from June 14 to July 7, 1992.  Discharge diagnosis was personality disorder not otherwise specified.

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; however, the applicant was not provided full administrative due process.

In view of the foregoing findings, the board further concludes that the Characterization of the applicant's discharge should be changed to Honorable and the Reason for discharge is more accurately reflected as Secretarial Authority.  SPD Code JFF, under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief