AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

•	NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

Amn

PERSONAL APPEARANCE

RECORD REVIEW

YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING
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HON

X+ X+

GEN	UOTIIC

OTIIER	DENY

x x

X+
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ISSUES

A94.06

INDEX NUMBER

A67.10

l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO TIIE BOARD

HEARING DATE	CASE NUMBER
06 Nov 2003	FD-2003-00172

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

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

+ Change Reason and Authority to Secretarial Authority

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB.MD 10762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00172	

GENERAL:  The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge.

The applicant, his wife and his attorney made a personal appearance before the Discharge Review Board (DRB) on 6 Nov 03, Andrews AFB, MD.

The following additional exhibits were sub Exhibit 6: Character Letter, undated, from_... Exhibit 7: College Transcript
Exhibit 8: KS Motor Vehicle Report date
Exhibit 9: Copy of B.A Degree from	ollege
Exhibit 10: Statement from wife,	undated

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

FINDINGS: The Board grants the requested relief. Upgrade of discharge to Honorable, change of reason, and authority is approved.

The Board finds that the evidence of record and that provided by applicant substantiates an impropriety that would fully justify a change of discharge. In addition, based upon the record and evidence provided by applicant, the Board also finds the applicant's characterization of discharge inequitable.

ISSUE:

The record reflected that the applicant received (in sequence) a Letter of Counseling, a Letter of Reprimand, and an Article 15 for misconduct involving unauthorized computer software and personal files on a government computer and, in the latter two actions, failure to obey/comply with a lawful order. An additional specification of the Article 15 involved wrongful appropriation of computer software and equipment. With the exception of the wrongful appropriation specification, the Board found the preponderance of evidence in the record and provided during the applicant's testimony indicated he had committed all the infractions of which he was accused. The Board paid particular attention to the failure-to­ obey specifications in that, contrary to the applicant's testimony, as an experienced computer network administrator the applicant should have been fully aware of the directives and guidelines regarding network security and prohibitions, and should have set the example in demonstrating compliance. However, the Board also noted the evidence in the file that the commander may have used additional evidence not  provided to the applicant in determining whether to punish him under Article 15, thereby bringing into question whether the applicant was afforded appropriate due process. While the Board does not condone the applicant's misconduct, the Board did find the lack of due process and the unproven wrongful appropriation charge to be ruitigating factors. When balanced against the entirety of the applicant's Air Force service, the majority of the Board found the discharge action and the characterization of his service to be unduly harsh and, therefore, inequitable.	

CONCLUSIONS:

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.  The applicant's characterization and reason for discharge should be changed to Honorable and Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief