AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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GRADE	AFSN/SSAN

TYPE GEN	X

PERSONAL  APPEARANCE

RECORD REVIEW

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NAME  OF COUNSEL AND OR ORGANIZATION YES	No	- - - - - - - - - - - - - - - - - -

ADDRESS AND OR ORGANIZATION OF COUNSEL

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MEMBER SITTING

HON

GEN	UOTHC

OTHER

DENY

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ISSUES

A92.22 A93.02

INDEX NUMBER

A67. 10

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

HEARING DATE	CASE NUMBER

21 Apr 2004	FD-2003-00566

Case heard at Fort Gillem, GA, via video teleconference with Andrews AFB, MD.

Advise applicant of the decision of the Board.

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

SECRETARY OF IBE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-96-00328-A	

GENERAL: Applicant appeals to upgrade the discharge to honorable, to change the reason and authority for the discharge, and to change his reenlistment code.

The applicant appeared and testified before the Discharge Review Board with counsel at Fort  Gillem, Georgia, via video teleconference with Andrews AFB, Maryland, on April 21, 2004.

The following additional exhibits were submitted at the hearing: Exhibit  #6:   Character Reference Letter
Exhibit #7: Character Reference Letter Exhibit #8: Character Reference Letter Exhibit  #9:   Character Reference Letter

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 the evidence of record and that provided by applicant did not substantiate an impropriety that would justify upgrade of or change of reason for the discharge. However, based on  applicant's testimony, the Board finds that the character of discharge, reason and authority for discharge, and reenlistment code should be changed.

Issues.  Member received a General discharge for minor disciplinary infractions.  Member had five Letters of Reprimand and an Article 15. His misconduct included negligent driving, failure to obey an order, insubordination, financial irresponsibility, and unauthorized possession of a government typewriter. In his testimony applicant agreed that those incidents occurred, but explained the mitigating or extenuating circumstances of each instance. Due to his association with another particular Air Force member, applicant felt he was singled out and each minor misstep was scrutinized while others in his  duty  section were allowed to make mistakes without similar repercussions. While the board did not condone applicant's misconduct and did not find all of his testimony compelling regarding these assertions, they did surmise that some actions taken against member were possibly too harsh.

Applicant also noted his successes in the civilian community since his departure from the military. He has been gainfully employed, married, and an active supporter of volunteer activities. The Board commends applicant for these achievements and weighed them heavily in their decision to grant relief.

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 now more accurately reflected by an Honorable discharge, the reason and authority for the discharge is now more accurately described as Secretarial Authority, and the  reenlistment  code  is changed to 3K. The applicant's characterization and reason for discharge should thus be changed under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief