AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

•	m 1111 1111

X   PERSONAL APPEARANCE	RECORD  REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

·X

MEMBERS SITTING
X* X* X* X* X*
ISSUES	INDEX  NUMBER

A93. I l, A93.07, A94.05

HEARING DATE
03 06 12

A67. 10

CASE NUMBER
FD2003-00027

I
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
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 hea rd at Washington, D.C.

*Change reason a uthority to Secreta ria l Authority

The AFDRB determined the applica nt's reenlistment (RE) Code will not be changed.  The applica nt can still apply for a waiver from the bra nch of service that he wishes.

Advise applica nt of the decision of the Boa rd and the right to submit an application to the AFBCMR.

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

AFHQ FORM 0-2077, JAN 00	(EF-V2)

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00027	

GENERAL:  The applicant appeals for upgrade of his discharge from General to Honorable, to change the reason for the discharge, and to change his reenlistment code.  The applicant appeared without counsel and testified before the Board at Andrews AFB, MD, on June 12, 2003.  The applicant was accompanied by his friend,	who also testified at the hearing.  The following additional exhibits were submitted at the hearing:

Exhibit 6: Statement of Applicant, June 5, 2003
Exhibit 7:  New York City Record Review Request (for criminal history), June 10, 2003 Exhibit 8:  Money order receipt for criminal history request
Exhibit 9:  Character letter from	, May 15, 2003
Exhibit 10: Character letter from	, May 23, 2003
Exhibit 11:  Character letter from	, May 21, 2003
Exhibit  12:  Applicant's resume, May 23, 2003
Exhibit  13:  New York Criminal Report, June 13, 2003

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

FINDINGS:  The applicant's discharge is upgraded to Honorable and the reason for the discharge is changed to Secretarial Authority.  A change of the applicant's reenlistment code is DENIED.

Issues: The applicant contends that his general discharge was inequitable because it was too "harsh and cruel." The applicant a lso contends that under the circumstances, the a llegations of spousal abuse, alleged financial irresponsibility, and failures to adhere to Air Force standards were improperly applied in his case. He finally contends t hat h e w as n ot a fforded a n a dequate opportunity at r ehabilitation p rior t o d ischarge. T he r ecords indicate that the applicant was discharged for minor disciplinary infractions after receiving four letters of counseling, four letters of reprimand, a letter of admonishment, and an Article 15 within a 23 month period before his discharge. The Board notes however, that the applicant's duty performance was satisfactory and that the bulk (7 of 10) of his minor disciplinary transgressions occurred in the six months immediately before his discharge; a period during which the applicant was undergoing severe marital discord. After a thorough and complete consideration of the information submitted by the applicant, the applicant's forthright personal testimony, and the information contained in the record, the Board concluded that there was sufficient mitigation and extenuation  in the applicant's circumstances  at the time to substantiate upgrading the applicant's discharge	
and  to  change  the  reason  for the  discharge.  The  Board  however,  concluded  that  the  circumstances  of  the
applicant's personal life have not sufficiently resolved to support the change of his 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.

In view of the foregoing findings however, the Board further concludes that the overall quality of the applicant's service is more accurately reflected by an honorable discharge and that 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 U.S.C, Section 1553.

Attachment: Examiner's Brief