AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	-

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

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

GRADE	AFSN/SSAN
	rs· m
X	RECORD REVIEW
ADDRESS A/lj"D OR ORGAN.IZA TION OF COUNSEL

MEMBER SITTING

HON

X* X* X*
X*

GEN	UOTHC

OTHER

DENY

ISSUES

A93.24 A02.04

INDEX NUMBER

A67.00

X*

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
ADDJTIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING   DATE	CASE NUMBER

16 Mar 2004	FD-2003-00545

* Change Reason and Authority for discharge to Personality Disorder. Case heard at Washington, D.C.
Advise applicant of the decision of the Board.

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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
I SJS COMMAND DR,. EE WING, lRD FLOOR ANDREWS  AFB, MD  207627002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00545	

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

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 Board grants the requested relief.

The Board finds that evidence in the record substantiates an impropriety that would justify a change of discharge. Additionally, based upon the record and evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

Issue. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was an impropriety and sufficient mitigation to substantiate an upgrade of, and to change the reason and authority for the discharge.  Specifically, the Board found that member had served over 6 years of combined active and inactive time at the time he was notified of his discharge. This entitled him to be notified of the right to have his case heard by an administrative discharge board. His chain of command failed to notify him of that fundamental right thus violating the rules of due process. Additionally, the records showed member had been diagnosed with a personality disorder so severe that his ability to function effectively in the military environment was significantly impaired and was incompatible with military service. Therefore the Board determined the reason and authority for member's discharge would be more accurately described as personality disorder.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation and that the applicant was not provided full administrative due process.

Additionally, 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 personality disorder. The applicant's characterization and reason for discharge thus should be changed to honorable and personality disorder, respectively, under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief