AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

4     NAME OF SERVICE MEMBER (l.AST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

nnrnt•••·•..	SSGT

TYPE GEN

YES	No
x

PERSONAL APPEARANCE	x	RECORD  REVIEW
ADDRESS ANO OR OllGANIZATION OF COUNSEL

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·· ;:  -····'·--···.·-. ·-...

MEMBER SITTING

HON	GEN
x
x

x
x

lJOTHC

OTHER

DENY

x

ISSUES	A94.12

JNOEX NUMIJER	A67.10

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EXHIBITS SlJBMfffED TO THE BOARD ,)

1	ORDER APPOINTING THE BOARD ------··-
2	!\PPLICJ\TION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICA TfON ---

>4---+1-3-RIF.F OF PERSON-N-EL FILE

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COUNSEL 'S RELEASE TO THE BOARD
ADDITIONAL EXHll3JTS SUBMITTED AT TIME Of PERSONAi.  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

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IIEARING Di\ TE	CAS£ NUMBER

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20 Jul 2004	FD-2004-0016 1

Case heard at Washington, D.C.

Advise appl icant of the decision of the Board.

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

SECRETARY Of.THF. AIK FORCE PERSONNEL COUNCii.
AIR FORCE DISCHARGE R£VIF.W BOARD 1535 COMMAND  DR. F.L  WING,JRI) f'LOOR ANllREWS  At'B,  Mil  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-2004-00161	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 docs substantiate an impropriety that would justify a change of discharge.

ISSUE: The applicant contends that his commander based his decision solely on personal prejudices and feelings he had toward the applicant and his wife. The applicant also claimed that his commander inappropriately used hearsay and opinion in a letter wrote to the Medical Evaluation Board. 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 two Articles 15, a Letter of Reprimand, and a Letter of Individual Counseling. His misconduct included being unavailable for recall, damaging an AAFES fuel pump nozzle by driving away, inflicti ng injury to self, feigning illness to avoid duty, and disobeying a lawful order. The records indicated that the applicant was hospital ized twice during this time for a period of approximately two weeks each time for Major Depression and Adjustment disorder, respectively.  During this time, the applicant's commander inappropriately used hearsay and opinion in a letter he wrote to the Medical Evaluation Board. The applicant then made an Inspector General complaint against his commander. His allegation of inappropriate use of hearsay and opinion was substantiated by the Base Inspector General office as evidenced by a letter sent to the applicant by the Wing Command er. The letter was dated on the day of the members discharge. The Board opined that the commanders arbitrary and capricious command action constituted a clear abuse of authority and may have contributed to the decision to discharge and characterization of service.

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 an Honorable discharge.

Attachment:	
Examiner's Brief