AIR FORCE  DISCHARGE REVIEW  BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE ll'ilTIAL)

TYPE  VOTH   X	PERSONAL  APPEARANCE

GRADE

MAJ

AFSNISSAN

RECORD REVIEW

MEMBER SITTING

HON	GEN	UOTHC	OTHER
x

DENY

ISSUES

A94.06 A92.22 A92.16

INDEX NUMBER

AS0.00

x x x x
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HFARING DAT£

CASE NUMBER

Case heard at Washington, D.C.

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EST, SUITE 40 FB, TX 78150·4742	Sll:CRETARY OF THE AIR FORCE PERSONNEL COUSCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB. MD 20762-7002	

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

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SAF/MRBR
550 C STREET W RANDOLPH A

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUIVIBER

FD2004-00135	
GENERAL:  The applicant appeals for upgrade of discharge to honorable and change of reenlistment eligibili ty (RE) code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel at Andrews
,AFB, MD..on Sep.tem'llbJellrlli1ll6iiJ, J20 4. The follow. ing wi'tne'ss also testified on the applicant's behalf: -
The following additional exhibit was submitted at the hearing:
Exhibit 6:  Additional submission consisting of 120 pages, provided on September 16, 2004.

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

FINDINGS:  The discharge is upgraded to general.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an impropriety that would justify an upgrade of the discharge to honorable.  However, based upon the record and applicant's testimony, the Board finds that applicant's character of service is more appropriately described as general (under honorable conditions).

The applicant's issues are listed in the attached brief.

Issues.  Applicant contends discharge was inequitable because it was too harsh.  Applicant also contended that he should not be penalized indefinitely for his mistake.  He noted his excellent service record and his good post-service citizenship.  The records indicated the applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his request to be discharged in lieu of trial by court martial for abuse of his government travel card.  Member also had three Letters of Counseling, two Letters of Reprimand, and a traffic ticket, for various other acts of misconduct.  While the Board concluded
applicant's in service misconduct was a significant departure from conduct expected of all military members, and did not condone his misconduct, they further felt there was enough mitigation to substantiate a partial upgrade to a general (under honorable conditions) service characterization. In arriving at this conclusion, the Board took into consideration the unintended adverse consequences the discharge has had  on applicant's post-service ability to practice medicine, consequences which the record made clear were not intended or expected as his misconduct surrounded areas of questionable officership and military bearing, and inability to fully adapt to military life, but not his abilities as a physician. The Board further noted that at the time of member's resignation, he had requested his service be characterized as general, under honorable conditions. In view of the other areas of misconduct and the seriousness of member's offense  that gave rise to the court martial charges, the Board felt however that an upgrade to fully honorable characterization would be inappropriate.

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 more accurately reflected by a discharge Under Honorable Conditions (General).  The applicant's characterization of discharge should be changed to Under Honorable Conditions (General), under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief