AIR FORCE DISCHA RG E REVIEW BOARD HEARI NG RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

111u   FHUll 1
TYPE

GRADE

AFSN/SSAN
ll•l•B

•

COUNSEL

X  PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

YES	NO
x

MEMBERS SITTING

HON

X*+ X*+ X*+ X*+ X*+

VOTE OF THE BOARD GEN	UOTHC

OTHER

DENY

ISSUES
A94.06

HEARING DATE
14 OCTOBER 03

INDEX NUMBER
A67. 10

CASE NUMBER
FD2003-00156

EXHIBITS SUBMITTED TO THE BOARD
]	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONN EL FILE COUNSEL'S  RELEASE  TO THE  BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATT ACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

REMARKS
Case heard at And rews AFB, M aryla nd.

* Change Reason to Secreta rial A u thority

+ Change in RE Code.

Advise applicant of the decision of the Boa rd.

TO:	FROM:
SAF/MIBR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB, TX 781 50-4742

DATE:  24 NOV 2003

SECRETARY OF TH E A I R FORCE PERSONN EL COUNCIL A I R FORCE DISCHARGE REVI EW BOARD
1535 COM MAND DR, EE WING, 3Ro FLOOR ANDREWS  AFB.  MD 20762-7002

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE Nl;MBER
FD2003-00156	

GENERAL:	The  applicant  appeals  for  upgrade  of  discharge  to  Honorable,  change  in  Reason  for Discharge, and change in RE Code.

The  applicant  appeared  and  testified  before  the  Discharge  Review  Board  (DRB),  without  counsel,  at Andrews AFB, Maryland.

The applicant has submitted the following additional evidence:

Exhibit #5:  Monroe Community College character letter, dated  18 November 2002 Exhibit #6   Character letter from	1•, dated 27 July 2003
Exhibit #7   Character letter from     HI	; dated 21 July 2003
Exhibit #8  Character letter from	dated 21 December 2002 Exhibit #9  Applicant's statement of facts
Exhibit #10 Applicant's recorded history
Exhibit #11 Applicant's Summary of Attachments to DD Form 293

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

FINDINGS:	The discharge is upgraded  to Honorable. The change in Reason for Discharge to Secretarial Authority and a change in RE Code are approved.

The Board finds evidence of record and that provided by the applicant, which substantiates an inequity that justifies an upgrade of the discharge and a change in the reason for discharge.

ISSUES: The applicant was discharged with a General Discharge for Misconduct - a Pattern of Misconduct. The applicant's principal issue is he feels his discharge was unjust. The applicant accepted responsibility for his infractions, but brought attention to the fact that the majority of his  letters  of reprimand (motor oil in room, use of stereo, outside of room during room check, failed room inspection) were issued over a short period of time (3 days) and issued by the same enlisted individual. The applicant also testified that, while he committed safety violations (motoring engines without checking rear of aircraft, improper disconnection of tow-bar, improper wheel chock installation sequence) others of similar rank and training status also committed violations, but did not receive discipl inary actions. The Board also noted the series of administrative actions leading to the applicant's discharge were issued without timely involvement of either the applicant's first sergeant or his commander. Subsequently, the Board directed attention to the Notification Memorandum from the applicant's commander listing his  reasons  for  discharging  the applicant. While the commander does list the dates of the administrative actions taken against applicant, there is no written description either of the 5 listed reasons for discharge, but instead each is substituted with the phrase, "See attached LOR (or Article 15) for complete details." However, no such "attachments" accompanied the Notification Memorandum to the applicant in his personnel file, possibly depriving the applicant of a timely review and appropriate response to the actions taken against him. Addressing the applicant's character, the Board noted prior to entering military service, the applicant earned the distinction of Eagle Scout, qualifying him to receive accelerated rank. The Board also noted since the applicant's discharge he has successfully assimilated into the civilian community, earning performance distinction from his college program director and for his service as an Assistant Scoutmaster. Therefore, the Board found the circumstances leading to the series of administrative actions taken against  the applicant, over such a short period ohime, were in some cases too harsh and, consequently, were not an accurate reflection of the applicant's character and that his military service should be characterized as Honorable.

CONCLUSIONS:   The Discharge  Review  Board concludes that, while the discharge was consistent with the procedural  requirements  of the discharge regulation, there  is sufficient evidence of an inequity in the	

processing of the applicant's discharge. The characterization of the applicant's discharge should be changed to Honorable under the provisions of Title 10, USC 1553, and the reason for separation changed to Secretarial Authority. The RE code should also be changed to allow the applicant the opportunity for reentry to military service.

Attachment: Examiner's Brief

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