AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

GRADE

AFSN/SSAN

TYPE GEN

SRA	M it
I	PERSONAL    APPEARANCE	x	I	RECORD    REVIEW

:  (),lft¥SJ,ii1'.Y	NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANlZ.ATlON OF COUNSEL

•· •	.•    .• . VOTE OF THKBOARD	. ··•·	.·, .·

MEMBER SITTING

-i

HON
X* X*

GEN

UOTHC

OTHER

DENY

---------------------------------------------

.	X*
X*
X*

ISSUES

A90.06

INDEX NUMBER

A61.00

EXHIBITS SUBMITTED  JOTHE.I!Ql)'Jl!>    >	·.
]	ORDER APPOINTING THE BOARD
2	APPLJCATION FOR REVJEW OF DISCHARGE
3	LETTER  OF NOTIFJCATJON
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDJTJONAL EXHlBlTS SUBMTTTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

HEARING DATE	CASE NUMBER

10 Mar 2004	FD-2003-00563

Case heard at Washington, D.C.

* Change reason to Secretarial Authority. Advise applicant of the decision of the Board.

- -:  . -   ;      '-
' .,
, ·

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TO;

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

FROM:

SECRETARY OF THE AIR FORCE l'ERSONNF,L  COUNCIL AIR FORCE DISCHARGE REVIF.W BOARD
1535 COMMAND DR, EE \\'ING, JRD FLOOR ANDREWS ,\FB, MD 20762-'lOOl

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2003-00563	

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 discharge is upgraded to Honorable.

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 reason and authority for 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 records indicated the applicant received three Letters of Reprimand and a Letter of Counseling. The misconduct included two civilian arrests and conviction for Driving Under the Influence, speeding, missed appointment, and citation for expired registration. The records  also indicated that the member had served 6 years, 4 months, and 9 days of total military service and was entitled to a hearing by an administrative discharge board. A review of the records, to  include  the  administrative discharge notification letter, indicated that the member was not notified of his opportunity to request an administrative discharge board. The Board concluded that the reason and authority for  discharge  was improper.  However, the Board did not condone the applicant's misconduct.

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 and change of reason for discharge to Secretarial Authority, under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief