AIR FORCE DISCHARGE  REVIEW  BOARD HEARING RECORD

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

AB
PERSON AL APPEARANCE	RECORD  REVIEW

fl."AME OFCOt:NSEL AND OR ORGANIZATION

ADDRESS .4.. D OR ORGANlZATJON OF COIJNSEL

MEMBER SITTING

UOTHC

OTHER

DENY

x
x
x

x

ISSUES

A94.06
A94.54 AOl.56 A29.04 A94.04

Th'DEX NUMBER

A49.00

3	
APPLICATION FOR REV!EW OF DJSCHARGE	
	LETTER OF NOTIFICATION	
4	BRIEF OF PERSONNEL FILE	
	COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL   APPEARNCE	
	rAPE RECORDING OF PERSONAL APPEARANCE	

Case heard at Washington, D.C.

Advise appiicant of the decision of the Board.

)

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SECRETAR\' OF THE AIR FORCE PERSQ"l'.\EL COLi ClL AIR FORCE DISCHARGE REVIEW SOARD
1535 COMl'tfAND DR, EE'YL'\'.G, 3RD FLOOR
A:'t!DREWS AFB, MD 26762-701.ll

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00386	

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

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 the requested relief.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any impropriety that would justify a change of discharge. However, based upon the record, the Board finds the applicant's characterization of discharge  inequitable.

ISSUE:  Applicant was discharged for unsatisfactory performance and minor disciplinary infractions, with unsatisfactory performance as the primary reason.  The records indicated the applicant had many infractions while in technical training, to include being late for formations and duty multiple times, room inspection failures, dress and appearance violations, sleeping on duty, refusal to do homework, and failure to obey an order.  The record reflected that the first of these incidents occurred the day after member arrived on station, and he had at least 18 infractions in under a 5-month period.  At the time of the discharge, member waived his right to consult counsel or submit statements on his own behalf; the records indicated he desired to be separated due to family problems, having civilian employment already arranged, and desiring to begin a college education.  The DRB noted that member's commander and the base legal staff recommended his service be characterized as honorable, nevertheless, the discharge authority directed his service be characterized as under honorable conditions (general).  There was no explanation for the discharge authority's decision in his memorandum directing the discharge.  Furthermore, the Board noted that most of member's minor disciplinary infractions occurred within the first 180 days of service, and surmised that the chain of command could have initiated an uncharacterized Entry Level Separation, but failed to do so.
Because the discharge action was begun after the first 180 days of active service, an Entry Level Separation was then no longer an available option. While the Board does not condone applicant's misconduct while in service, in view of these factors, the Board felt the discharge characterization was too harsh and inequitable, and should be upgraded 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.   The applicant's characterization of discharge should be changed to honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief