AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)

GRADE

AlC

AFSN/SSAN

, II	I i •

TYPE  GEN

I	PERSONAL  APPEARANCE

x	I	RECORD R EVIEW

• .··    <ro	..	NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTEOF tHE BOARD	·· ..

MEMBER SITTING

HON

GEN

UOTHC	OTHER

DENY

.-------------------------------------- ..	x

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---.:
.

.

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:L-.      -	+-	--11--	-t--	-+	,--	-1
x x x x

ISSUES

A94.06

INDEX NUMBER

"

A49.00

··.···...     .>··    ;    ll;Xitlp1'$ 9}  $1!.1;	·1-IJ.P .··.•········ .·.·
l	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 SUBMlTTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING  OF PERSON AL APPEARANCE

HICARING DATE	CASE NUMBER

11 Mar 2004

FD-2003-00198

AP!i!JCANT:$1SSliE.AND TH$BOi>Jl.D'$PECl$IONAL  ATJDAJ., A,l\E DlSCOSSEDON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISJONAL RATIONALE  ·.·.

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

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I>AJ'E:.;3/llt+®4

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-2003-00198	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

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

FINDINGS: The discharge is upgraded to Honorable. However, change of reason and authority for the discharge and change of reenlistment code are denied.

The Board finds that the evidence of record does substantiate an impropriety that would justify a change of discharge.  The Board finds the applicant's characterization of discharge improper.

ISSUE:

The applicant submitted no issues and requested that the review be completed based on the available service record. The Board reviewed the entire record and found evidence of an impropriety in this case on which to base an upgrade of discharge. The administrative discharge notification letter indicated that the member was being discharged for Unsatisfactory Performance due to Failure to Progress in On-The-Job Training. The letter made no mention of any misconduct on the part of the applicant which would be used in characterizing his service. Nonetheless, the separation authority was advised that he could use the minor misconduct in evaluating the member's service. The DRB concluded  that the separation  authority's consideration of the misconduct, in this case, was improper. Without misconduct or proof that the member deliberately failed in his OJT, he would have received an Honorable.

CONCLUSIONS:

The Board concluded that the applicant's discharge was not consistent with the procedural and substantive requirements of the discharge regulation and that the improprieties in this record require a change to his service characterization. The Board concluded that the applicant's service is more accurately reflected by an Honorable discharge, under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief