AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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TYPE  GEN	I	PERSONAL  APPEARANCE

 	 	  	 x	I	RECORD REVIEW	 		-

NAME OF COUNSEL AND OR ORGANIZATJON	ADDRESS AND OR ORGAN!ZATJON OF COUNSEL

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES

A94.06

INDEX NUMBER

A67.50

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A02.12	I	ORDER  APPOINTING  THE BOARD
2	APPLICA TJON FOR REVIEW OF DISCHARGE
3	I.ETTER  OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EX! IIBITS SUBMITTED AT TIME OF PERSONAL APPEAR ANCE
TAPE RECORDfNG OF PERSONAL APPEARANCE
HEARING   DATE	CASE  NUMBER	I
10 May 2005	FD-2005-0003 I

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,-P_l;Ifi:'AJ'jf!: §; L :AJ.lD'.:1}9;1RD'S' trnp!SJQNAL RATIONALARED,ISCUSSED ON TI-IE ATIA9JiED'1R FOJt-C_!fi_;D,J_SCFIAR_GE'.REVIEW BO- DJ!Cll();N:A.1--; Rf-_'J::IO}.lf,LE	•;•
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Case heard at Wash ington, D.C.

Advise applicant of the decision of the Board.
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Names and votes will be made ava ilable to the applicant at the applicant's request.

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!	INDORSEMENT	DATE; 5/12/2005
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TO	tllOM

S.A.F/l'v1RBR

SECRETARY OF TIIE AIR FORCE PERSONNEL COUNC:ll,
AIR fORCF. DISCHARGE RF.VIEW BOARD
550 C STREET WFST. SUITE 40	l J5 COMMAND DR, EE V.1NG, JRD f'LOOR
RANlX)LPH AFB. TX 78150-4742	•\.l.\/DREWS AHi, MD 20762-7002

A FHQ FORM 0-2077, J AN 00	(EF-V2)	Previous  edition  \Viii be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUl\fBER

FD-2005-00031	

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

The applicant was offered and scheduled a personal appearance before the Discharge Review Board (ORB) but cancelled the day before the scheduled hearing and his case was considered as a records review.

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

FINDINGS: The discharge is upgraded to honorable.

The Board finds that the evidence of record substantiates an impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Articles 15, one Letter of Reprimand, and one Vacation action for misconduct including off duty alcohol related incidents, misuse of the government travel card, and failure to go. The ORB noted that although the applicant had served six years total service before the discharge was initiated and was therefore entitled to request an administrative discharge board, the records clearly indicated he was not given that opportunity. Although the Board noted that the misconduct was a significant departure from conduct expected of all military members, it noted mitigating factors in the record that raised substantial doubt that the discharge would have remained the same if the error had not been made.

CONCLUSIONS: The Discharge Review Board concludes that a substantial error in the applicant's discharge occurred and that the facts of the case warrant an upgrade of discharge to honorable. The applicant's characterization of service should be changed to honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief