AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

RECORD REVIEW

. COUNSEL._	NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGA NIZATION OF COUNSEL

VOTE OFTHE BOARD

MEMBER SITTING

HON	GEN
x

UOTHC

OTHER

DENY

....	x
x
x x

ISSUES

'· 1it

A92.22 A93.08 A92.36 A92.20

INDEX NUMBER	A67.10

EXHIBITS SUBMITTED TO THE BOARD
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 EXH IBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

18 Oct 2004

FD-2003-00206

APPLICANT'S ISSUE AND 11IEBOARD S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Washington, D.C via VTC at Travis AFB, CA. Advise applicant of the decision of the Board.

TO:

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

INDORSEMENT

FROM:

SECRETARY  OF THE AIR FORCE  PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD Z076Z- 700Z

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00206	

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

The applicant appeared and testified before the Discharge Review Board (DRB) without counsel at Andrews AFB via VTC with Travis AFB, CA on October 18, 2004. No witnesses testified on the applicant's behalf and no additional exhibits were submitted at the hearing. The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  The Board grants the requested relief.

ISSUE: The applicant felt that his discharge was inequitable because he had  a good record and that his discharge was based on isolated incidents surrounding the painful and emotionally difficult breakdown in his marriage after his ex-spouse entered into an intimate relationship with a female A 1C of the same squadron. The member indicated that he had divorced his wife, changed his life, and had been a successful Apprenticeship and Training Representative (GS-12) for the U.S. Department of Labor since July 2000. The applicant also described a desire to serve in an ANG capacity and to further his education.

No inequity or impropriety in the applicant's discharge at the time of issuance was suggested or found in the course of the hearing.  However, the Board determined that relief was warranted based upon consideration of the applicant's service record, his outstanding post-service conduct, and the extenuation and mitigation surrounding the applicant's misconduct stemming from his marital difficulties.

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. The applicant's characterization should be changed to Honorable under the provisions of Title 10, USC 1553. However, the applicant's reason for discharge and reenlistment eligibility code will not be changed.

Attachment: Examiner's Brief