AIR FORCE  DISCH ARGE  REVIEW BOARD HEAR I NG  RECORD

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A49.00

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ORDER APPOINTfNG THE BOARD

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2	APPLICATI ON FOR REVIEW OF DISCHARGE
3	LETrER OF NOTIFICATION 	
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TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DAT[	CASE :'IUMBt:R

02 Aug 2005	FD-2005-00080

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

Names and votes will be made available to the appl icant at the applicant's req uest.

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SAF/MRBR
550 C STREET WEST. SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE -'lR rORC[ PERSONNEL CO!:NCIL
AIR FORCE  DISCHARGE  REVIEW  BOARD 1535 COMMAND  DR, E[ WING, lRD FLOOR A t\DREWS AfB,  MD 10762·7001

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE: NUJ\IBER

FD-2005-00080	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 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 reason and authority for discharge inequitable.

ISSUE:  Applicant contends discharge was inequi table because it was too harsh.  The records indicated the applicant received one Letter of Reprimand for various acts of minor misconduct and two Memorandums for Record for failing his CDC exams.  The ORB opined that a General discharge for one LOR was too harsh.
The records show that the command gave up on the applicant around the February 2001 time frame but did not discharge him until the following September because they were waiting for a replacement.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge  regulation and was withi n the discretion of the discharge authority and that the applicant was provided full administrati ve 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 under the provisions of Title I 0, USC 1553.

Attachment: Examiner's Brief