AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

x	PERSONAL  APPEARANCE	• RECORD REVIEW

1 Q FD I

NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS   AND  OR  ORGANIZATION   OF COUNSEL

MEMBER SITTING
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HON	GEN	UOTilC

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OTilER	DENY

x x

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ISSUES

A94.06

11\'DEX NUMBER

A67.10

X+

1	ORDER APPOINTING TilE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE 	
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TilE BOARD
ADDIDONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE NUMBER

04 Dec 2003	FD-2003-00031

Case heard at Randolph AFB, Texas.

*Change reason and authority to Secretarial Authority. Advise applicant of the decision of the Board.

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TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH  AFB,  TX 781504742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCil. AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, lRD 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

FD-2003-00031	

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

The applicant appeared before the Discharge Review Board (DRB) at Randolph AFB, Texas on 4 December 2003.  Also present as a witness, on behalf of the applicant, was the applicant's mother,

The applicant presented the following additional evidence at the hearing:

Exhibit #6  Hallmark Institute Enrollment Agreement, dated 21 November 2003.

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.

ISSUE:  Applicant contends discharge was inequitable because it was too harsh.  The records indicated the applicant was discharged as a result of an Article 15, four Letters of Counseling, and one Letter of Reprimand for a series of minor disciplinary infractions.  Applicant's legal counsel asked the discharge authority to change the reason for the applicant's discharge to "Unsatisfactory Duty Performance".
However, the DRB found no direct correlation with the applicant's episodes of misconduct with his mental or physical capacity to perform his duties.  However, the applicant offered plausible mitigating testimony to explain the cause of most of his infractions, for which he fully admits committing and taking full responsibility.  For example the applicant's use of a metallic device (screw driver) to remove an aircraft wing fitting was not an uncommon practice exercised by other members of his unit, without incurring the disciplinary actions taken against the applicant.  Secondly, the applicant presented a believable explanation of the events of 3 January 2003 that resulted in his Article 15, due to a near automobile accident (reckless driving) while exiting a parking lot onto a snow-covered roadway.  Although the applicant committed the aforementioned offenses, among other minor offenses, the Board opined the decision to discharge the applicant with a General (under Honorable conditions) may have been premature and, thus, was too harsh.

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 further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and the Reason and Authority for discharge should be changed to Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief