,

,

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
.NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
AMN	-
TYPE  GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW	 	
COUNL	NAME OF COUNSEL AND OR ORGAJ'ilZA TION	ADDRESS AND OR ORGANIZATION OF COU!'ISEL
YES	No
x

.

.	..·	.·	VOTE OF THE BOARD

MEMBER SITTING

·--- "
HON	GEN	UOTHC	OTHER	DENY

-

X* X*

-

X*

X*
-
X*
ISSUES	A94.06	INDEX NU!\iBER	A67.J O	.	EXlllllJTS SUBMITTED  TO IBE BOARD
I	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 TIM E OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE  l\llMJlER

12 A ug 2005	FD-2005-00092
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE'. t>1SCHAllGE IUNtEW li:OARD DEC!SJONAL RATJON'ALE
· .
Case heard at Wash ington, D.C.

* Change reason to Secretarial Authority

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.

•	-
INDORSEMENT	.    .	DATE: 8/J.212005
TO:	FROM;
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW  BOARD

550 C STREET WEST, SlJITE 40

J 535 COMMAND DR, EE \\'ING, 3RD FLOOR

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

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NU1BER

FD-2005-00092	

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 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 inequitable because it was too harsh. The records indicated the applicant received an Article 15  for misconduct. The misconduct included  attempted  unlawful  entry, without authority left place of duty, failed to report vandalism of military property,  and damaged military property. After a thorough and complete consideration of the information submitted by  applicant  and contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrade of the discharge. Specifically, the Board found the characterization too  harsh.  The  chain  of command  never offered the applicant a chance to rehabilitate himself. However, the Board did not condone the applicant's misconduct.

CONCLUSIONS: In view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. The applicant's reason for discharge should be changed to Secretarial Authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief