AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

SRA

RECORD REVIEW

MEMBER SITTING

HON	GEN	UOTHC	OTHER
x x x x
x

DENY

ISSUES

A92.22 A92.16 A92.12 A92.20

INDEX NUMBER

A67.00

I 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 APPEARANCE

HEARING DA TE	CASE   NUMBER

25 Mar 2004	FD-2003-00324

Case heard at Washington, D.C.

Advise applicantof.the. decision of the Board .

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SAF/MRB
550 C ST	WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMl\lAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD Z0761 1ooz

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBE:R

FD2003-00324	

GENERAL:  T.he applicant appeals for upgrade of discharge to honorable.

The applicant appeared and testified before the Discharge Review Board with counsel at Andrews AFB, MD, on March 26, 2004.
The following additional exhibits were submitted at the hearing: Exhibit 5: University of Phoenix Transcript
Exhibit 6: Marriage Certificate
Exhibit 7:  Son's Birth Certificate Exhibit 8: Deed Documentation

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

FINDINGS:   The Board grants the requested relief.

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.

Issues. Applicant received an under honorable conditions (general) discharge for discreditable involvement with military or civil authorities, namely two off-base, civilian convictions for driving while intoxicated.
Applicant now contends the discharge was inequitable because it was inconsistent with his good character and performance while in the military as well as inconsistent with his post-service character and conduct. While both atthe time of the discharge and during his testimony applicant admitted ms wrongdoing, he noted it was due to an error in judgment in what was otherwise an exemplary period of service. While the Board concluded the misconduct was a significant departure from conduct expected of all military
members, and the gravity of his offenses outweighed ms otherwise satisfactory service at the time, they also noted there were mitigating circumstances that may have predicated the incidents. But for these offenses, applicant was. a.good airman and citizen, and has continued to be a good citizen since his discharge.
Although the Board did not condone applicant's misconduct, the Board found sufficient mitigation at this time to render the characterization of the discharge received by the applicant too harsh. The Board found the testimony. offered by applicant sufficient to warrant an Honorable discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was witmn 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 1s more accurately reflected by an Honorable discharge. The applicant's characterization of discharge should be changed to honorable under the provisions of Title I 0, USC 1553.

Attachment: Examiner's Brief