AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

Al\IN

s r 11 111

TYPE GEN	x	PERSONAL APPEARANCE	RECORD  RE\1EW

YES	No
x	I

MEMBER SITTING

HON
x x

x x

GEN

UOTHC

OTHER	DENY

x

ISSUES

A94.06

INDEX NUMBER

A67.90	.!ilJl!'n'tl?P qn.t.' . J!ltl.i![rrn!iJ:."'"""''
l	ORDER APPOINTING THE BOARD
2	APPLICA TJON FOR  REVIEW OF DISCHARGE
3	LETTER OF NOTJFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'> RELEASE TO TllE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONA L A PPEARANCE
TAPE RECORDING OF PERSONAL APPEAR.A..NCE

HEARlliG DATE	CASE    UMBER

24 Jun 2004	FD-2004-00091

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

SIGNATURE OF RECORDLR

SAF/MRBR	SlCRETARY OF THE AIR FORCE PERSOl"NEL COUNCIL

" i ; ;

.\CR FORCE DISCHARGE REVIEW BOA RO

SUITE 40
781 50-4742

DR, EE \'tlNG, JRD FLOOR
Al	AFB, MD 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NllMBER

FD-2004-00091	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason  and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and exercised this right on 24 June 2004 with the assistance or counsel, t • n 11111 1 1 ··  ·  I,.ri nrtnr JUHJIU' IP.	
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.	
FINDINGS:  Upgrade of Discharge to Honorable is approved.
Change of reason and authority for discharge and change of reenlistment code are denied.

The Board finds that neither the evidence of record or 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 discharge inequitable.

ISSUE:

Issue.  Applicant contends discharge was inequitable because it \Vas too harsh.  The records indicated the applicant received an Article 15, two Letters of Reprimand, one Letter of Counseling, and two Records of Individual Counseling for misconduct.  The majority of these incidents happened within a 4-month period. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrading the members' discharge.  However, because of the nature of the respondent's misconduct, the Board concluded that neither changing the reason and authority for the respondent's discharge nor changing his reenlistment code are
\\'arrant ed.

CONCLUSIONS: The Discharge Revie\v Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and \Vas 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 board found mitigating circumstances surrounding the respondent's most serious misconduct. Specifically, the illness of the respondent's grandfather and a car accident the respondent was involved in shortly before the misconduct occurred. Both of these events were deemed significant enough to be taken into account when characterizing the respondent's service. The applicant's characterization should be changed to honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief