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AIR FORCE DISCHARGE REVJ EW BOARD--HEARJNG RECORD	-

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TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
I>> c9:®'. !1t.;	NAME  OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL YES	No
x

•	·:•& VOTE OFTHE BOARD

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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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x x x
x

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ISSUES	A94.06	INDEX NUMBER	A67.10	,:-'; ''lsJRIJUTS.§Ul:l:MITTF,:D J;Q1'.fft};:ll,.QD ,•·.	...
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

HEARING DATE	CASE NUMBER

21 Jul 2005	FD-2005-00037
APPLICAN1:'S ISSUE	<   \9:s c1s91".  TIO	ME  Is9y7    9.yµ;ATT1 HEI>§; f: cD!CliARG RltVIEWBOA&D DECJSIOl'I     rJ:".ALE  ... -··
Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

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

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TO:	FRO VI:
SAF/MRBR	SECRETARY OF TIIE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE  REVIEW BOARD

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550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, 3RD FLOOR

RANDOLPH  AFB, TX 78150-4742	ANDREWS AFB, MD 20762-7002

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

		

AIR FORCE DISCHARGE REVIEW BOARD l	
>ECISIONAL RATIONALE	CASE NUMBER

FD-2005-00037	

GENERAL:  The applicant appeals for upgrade of

The applicant was offered a personal appearance bt exercise this right.

The attached brief contains available pertinent data	
:lischarge to honorable.

fore the Discharge Review Board (DRB) but declined to

m the applicant and the factors leading to the discharge.	

FINDINGS:  The Board grants the requested relief.

The Board finds that neither the evidence of n cord nor that provided by applicant substantiates an impropriety that would justify a change of disch rge. However, based  upon  the  record  and  evidence provided by applicant, the Board finds the applicant s reason and authority for discharge inequitable.

ISSUE:  Applicant does not contest his discharge.  He states that since his discharge, he has been a law­ abiding citizen and free of any criminal convictions md that he is advancing his professional career.   The records indicated the applicant received three Letter   of Reprimand and a Record of Counseling for failing a dormitory inspection, failure to obey a lawful order, :unsatisfactory progress in training and for being disrespectful to an NCO.  The DRB opined that this misconduct was indeed minor in nature and considered the fact that the applicant had already served four years successfully without any misconduct.  They found this discharge to be too harsh.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the dis charge regulation and was within the discretion of the discharge authority and that the applicant was provic ed full administrative due process.

However, in view of the foregoing findings, th Board further concludes that the overall quality of applicant's service is more accurately reflected by m Honorable under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief