AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE  AMN	AFSN/SSAN

•	I W ill	1  JI
x	PERSONAL APPEARANCE	RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

X+

GEN	UOTHC

OTHER

DENY

X+ X+ X+

ISSUES

A94.06

INDEX NUMBER

A67.10

X+

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER 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 DATE	CASE NUMBER

06 Dec 2003

FD-2003-00157

Case heard at Randolph AFB, Texas.

Advise applicant of the decision of the Board.

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY

TO:

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

FROM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD 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-2003-00157	

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

The applicant appeared before the DRB with counsel, Mr.om the Texas Veterans Commission on December 6, 2003.

The attached brief con4ins available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of Discharge and change of reason and authority for discharge is approved.

The Board finds that neither the evidence of record nor 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 contends discharge was inequitable because it was too harsh.  The records indicated the applicant received an Article 15 for being derelict in the performance of his duties for driving a forklift off the road.  He also received one Letter of Reprimand and three Records of Individual Counseling for failure to go, being late for work, failure to follow established procedures by damaging a government vehicle and causing personal injury, and for violation of dress and appearance standards.  The DRB recognized the
individual was going through a very difficult time due to family health issues and the applicant apply for and was denied a Humanitarian reassignment.  The applicant also had sufficient post-service that certainly impressed the DRB.

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 for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief