AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
,' '• NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

PERSONAL  APPEARANCE

x•	RECORD REVIEW

YES

NAME OF COUNSEL AND OR ORGANIZATION

None

MEMBER SITTING

ADDRESS AND OR ORGANIZATION  OF COUNSEL

HON	GEN	UOTHC	OTHER

X* X* X*

DENY

X*
'L----------------------------------	X*

ISSUES	INDEX NUMBER

I	ORDER APPOINTING THE BOARD

A94.04, A94.06 A93.34
A94.12

A67. 10
2	
APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL  FILE
COUNSEL ·s RELEASE TO THE BOARD

HEARING DATE	CASE NUMBER

03 Sep 2003	FD-2003-00072

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

*Change reason and authority to Secretarial Authority.  SPD:.TFF Case heard at Washington, D.C.
The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB), but after review of the records, the case was tendered for consideration to determine if the Board would grant the relief requested based on the record.

Advise applicant of the decision of the Board.

HG.li:ITJU!.F_ !lPJ'..SJ!l,!:J'.'J_ _ _ _ _ J- _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
'

SAF/MRBR
550 C STREET	ST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2003-00072	

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

The applicant was scheduled for a personal appearance before the Discharge Review Board (DRB) at Albany, New York, on October 25, 2003, but after review of the records, the Action Officer decided to tender the case for consideration to determine if the Board would grant the requested relief based on the record.

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

FINDINGS: Based on its own initiative, the Board grants the requested relief, based on the record.

The Board finds that neither the evidence of record or that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

ISSUE: Applicant infers discharge was inequitable because it was too harsh. The records indicated the applicant received a Letter of Reprimand, and two Articles 15. The three incidents of misconduct all  occurred within a 6-week period. These incidents involved two failures to go shortly after the terrorist  attacks of September 11, 2001, and misuse of his government travel card in conjunction with a permanent change of station in October 2001. While the Board did not condone applicant's misconduct, they did  believe there were extenuating circumstances that contributed to the incidents in question, and that the chain of command reacted too strongly. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrade of, and change of reason and authority for the discharge. Specifically, the Board found
the characterization 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 the discharge is more accurately described as Secretarial Authority. The applicant's characterization and reason and authority for the discharge should be changed to Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief