AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

AME OF SERVICE !EMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

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TYPE   GEN	x	I	PERSONA L APPEARANCE	I

RECORD REVIEW

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YES	No

NAME OF COL:NSEL AND OR ORGANIZATION

ADDRESS AND OR ORGA'.'<11ZA TION OF COt:NSEL

MEMBER SITTING

HON	GEN

UOTHC

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OTHER	DENY

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X*+ X*+
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ISSUES

A92.22 A93.12

lNOEX NU:\-IBER

A49.00

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

TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DA TE	CASE NUMBER

30 Sep 2004	FD-2003-00116

Case heard at Washingfon, D.C.

Advise applicant of the decision of the Board.

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i
SAF/MRBR

0  0  ,'

FROM:

.

SECRETARY OF THE AIR FORCE PERSO'.'<INEL COt:NCIL
AIR FORCE DISCHARGE REVIEW BOARD

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

1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-71)02

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUJ\JBER

FD-2003-00116	

GENERAL:  The applicant appeals for upgrade of discharge to honorable, to change the reason for the discharge, and to change his reenlistment code.

The appl icant appeared with counsel and testified before the Discharge Review Board (ORB) at Andrews AFB, MD on 3 0 September 2004.
The following Additional Exhibits were submitted at the hearing: Exhibit	io-Profile
Ex hibit 7: Resume
Exhibit 8: Character Reference Letter Exhibit 9: Biography o._..
Exhibit  10:  Driver's License/ID Card Information Sheet
Exhi bit 11: Evidence of Charitable Activities (5 pages)

The attached brief contai ns available pertinent  data on the applicant and the factors leading to the discharge and the applicant's statement of issues.

FINDINGS:  The Board grants the requested relief.  The discharge is upgraded to honorable, the basis for discharge is changed to Secretarial Authority and the reenl istment code is changed to 3B.

The Board finds the applicant submitted  issues and evidence contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board found those issues and evidence justify a change of discharge.

ISSUE:

Applicant contends discharge was inequitable because it was too harsh.  The records indicate the applicant had a motor vehicle accident while under the influence of alcohol and engaged in minor financial misconduct during his service.
However, in this case the applicant was able to present compelling evidence in extenuation and mitigation of the alleged financial misconduct. The file contained little or no evidence of progressive discipline in this case. The commander apparently felt the misconduct was insufficient to warrant action under the UCMJ. It appears from the file that the discharge was a punitive disciplinary action rather than a quality force management decision. The ORB
opined that under the facts of this case, the discharge characterization was inequitable due to the compelling evidence that the applicant had not actually committed the degree of financial misconduct alleged in the discharge action and  that a similarly situated officer would not recei ve a general service characterization today (if he were even separated). The Board also noted the significant post-service record of accomplishment of the applicant in the civilian community. The Board concluded the general discharge inappropriately characterized his term of service.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the  technical procedural requ irements of the discharge regu lation and was within the discretion of the discharge authority and that the applicant was provided administrative due process. Nonetheless, the discharge characterization was unduly harsh and an equitable basis exists for upgrad ing the discharge type, authority and reenlistment code. The Board further concl udes 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 under the provisions of Title I 0, U.S.C.
§1553.

Attachment: Exami ner's Brief