AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AB	1111•1••·
TYPE GEN	x	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW
.COUNS£L   ·	NAME OF COUNSEL AND OR ORCANIZA TlON	ADDRESS AND OR ORCANIZA TJON OF COUNSEL YES	No
x

---- ..

VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
X*+ X*+ X*+ X*+

--	---··	--·
ISSUES	A94.06	INDEX NUMBER	A67.10

X*+

EXHIBITS SUBMITTED to THE BOARD

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

HEARJNC  DAH	CASE NUMBER

24 Feb 2005	FD-2005-00030
APJ>tJCANT'S ISSUE AND TIIE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AJR FORCE DISCHARGE REVIEW BOAJ\O DECISIONAL RATIONALE

Case heard at Wash ington, D.C.

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

Names and votes will be made available to the applicant at the applicant's request.

* CHANGE RE CODE	i
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUJHORITY	//

.JNDORSEMENT	DATE: 212412005
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVH:W BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WINC, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  AFB, MD  l076H00l

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00030	

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) and accepted this right.  He appeared on 24 Feb 05 with his father.

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 that neither the evidence of record nor that provided by applicant substantiates an inequity that would justify a change of discharge. However, based upon the record and evidence provided  by applicant, the Board finds the applicant's discharge, reason and authority for discharge and RE Code inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for making a false official statement and for going AWOL In addition, he received one, Letter of Reprimand, one Record of Individual Counseling and 10 AETC Form 341s (four of which were repeats) for various acts of misconduct. The DRB opined that because of the omitted technical schools on the Commanders recommendation, the non-advisement of his rights on the AF Form 1168 and the late LOR, that these actions constituted an impropriety in the discharge.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was not consistent with the procedural and substantive requirements of the discharge regulation and the applicant was not provided full administrative due process. 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 for the discharge is more accurately described as Secretarial Authority. Also, the RE Code should be changed to 3K under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief