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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

.AF.SN/S.SAN..

'	SSGT
TVPE  GEN	I	PERSONAL APPEARANC)L   1   ·.	x	I	RECORD    REVIEW
, . (:O!JNSEL ';   ..   NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS  A:.lD  OR  ORGANIZATION  OF COUNSEL
YES	No
x

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.     <  .	VOTEOFTllE BOARD    .	.
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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DEN Y
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X+

X+

1

X+

X+
-i	•
X+
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ISSUES	A94.06	INDEX NUMBER	A75.00	•·	,J!Ji!!!lr:i§)!jlMI'trED TO THE BOAJ!.Il  ,. ..    ..··.
I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATI ON
4		BRIEF OF PERSONNEL FI LE COUNSEL'S RELEASE TO THE BOARD
ADDITION AL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
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TAPE RECORDING OF PERSONAL APPEARANCE

llEARING DATE	CASE NUMBER

,.	13 Dec 2004	FD-2004-00317

1	>	' -    · :. - --.:

_ APPLICf.,Nr .lSUE AND'TH£:SQARD'  PEPSIONAL!R/1-T pNAL·ARE-blSClJSSED ON THE ATTACHED AlR FORCE DISCHARGE REVIEW BOARD _DECISIONAL  RATIONALE·
,<,;-::_: -     ' ·:",'  >'- -·-< - '     --	'    -_     - -	-      '	-    - -	- -	-    - '
Case heard  at Wash ington, D.C.	\,..,

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Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the rig!to submit an application to the AFBCMR.

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+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
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·,· ·, .. :.-._-:·	·.   INDORSEMENT	··.....

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.	DATE:  12/14/2004

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TO;	FROM:

SAF/MRBR

SECRETARY OF THE AIR  FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE.40	1535 COMMAND  DR, EE "WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDRE\\'S  AFB, MD  20762-7002

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nll!'.fBER

FD-2004-00317	

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

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 partial relief. The discharge is upgraded to Honorable and the reason and authority for discharge is changed to Secretarial Authority.  The reenlistment code will not be changed.

The Board finds that .neither the evidence of record nor 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 and reason and authority for discharge inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant was charged with dereliction in the performance of his duties and elected to be discharged in lieu of a Court Martial. Although the applicant was found to be negligent in the performance of his duties, his service record reflects fourteen years of dedicated service. The Board opined that the characterization of the discharge received by the applicant to be too harsh and directs it be changed to Honorable.

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 and the reason and authority for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief