AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

x	PERSONAL  APPEARANCE

AMN

RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZAUON OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY

X"'	+
X*	+

X*	+

ISSUES

A92.22 A93.02

INDEX NUMBER

A67.90

X +

X*	+

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
ADDIT	IBITS SUBMITTED AT IME OF
PERSONAL  APPEARANCE
TAl'E RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

23 Jan 2006	FD-2005-00116

Case heard at Florida State Amory, St. Augustine, Florida and Washington D.C. via video teleconference. Advise applicant of the decision of the Board.
Names and	!able to the applicant at the applicant's request.

* CHANGE RE CODE

+ CHANGE REA9	Y FOR DISCHARGE

SIGNATURE  OF iij&ijij}ER	...,.,,=""""°=.,,..,.,==.....	I

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND Dll, EE WlNG, 3RD FLOOR ANDREWS AFB, MD 20762·7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00116	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for discharge.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at the Florida State Armory, St. Augustine, FL, via video-teleconference with Andrews AFB, MD, on 23 Jan 2006. The following additional exhibits were submitted at the hearing:

Exhibit #6 : Character reference letter dated 17 Jan 06, MGl _ _ _ _ _ _ _ _ _ _ _: Exhibit #7 : Character reference letter dated 6 Jan 06, Lt Coli_ _ _ _ _ _ _ _ ]
Exhibit #8 : Character reference letter dated 17 Jan 06, Capt !	: Exhibit #9 : College of Oceaneering Transcript dated Apr 04L - - - - - - - _,
Exhibit #10: Devil's Lake College Transcript dated May 04 Exhibit #11: NGB Honorable Discharge Form 55a dated Jan 01 Exhibit #12: NGB Report of Separation Form 22 dated Jul 04 Exhibit #13: USA Achievement Medal dated Nov 97
Exhibit #14: DA Form 1059, Academic Evaluation Report, dated May 01
Exhibit #15: USA Reserve Components Achievement Medal Award dated 1 Apr 05 Exhibit #16: Appointment to Corporal orders dated Apr 05
Exhibit #17: Seven page Academic Evaluation dated May 05 Exhibit #18: Promotion to Sergeant orders dated Sep 05
Exhibit #19: Four page Miscellaneous Academic Completion Documents dated Mar 04

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

FINDINGS: The Board grants the requested relief concerning the upgrade of applicant's discharge and to change the reenlistment code. Applicant's request to change of reason and authority for discharge are denied.

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 fmds the applicant's characterization of discharge inequitable.

The Board concluded that there was no inequity or impropriety as concerns the reason and authority for applicant's discharge and denied the requested relief, noting that the case file contained one Article 15, two LORs, one LOA, and 4 RICs for misconduct to include failure to go, violating quarters restrictions, circumventing his chain of command, careless driving, involvement in verbal and physical altercations with his ex-giilfiiend, falsifying a leave document, and failure to meet training requirements for CDC upgrade in a timely manner.

ISSUE: Applicant received a General Discharge for a Pattern of Misconduct Prejudicial to Good Order and Discipline.

Applicant contends that when he was discharged, he was not a mature adult, takes full responsibility for his actions, and states that when he looks back, he has come a long way; the DRB concurred. Testimony and documentation was introduced that after bis discharge, applicant completed a one year course at the College of Oceaneering and subsequently worked specializing in dive medicine, served two years as a medical specialist in the Georgia Anny National Guard (ANG) and was honorably discharged in Jan 01, reentered	

the ANG in Dec 01 and was subsequently placed on a full-time, three-year Active Guard Reserve (AGR) tour in Dec 03, is currently serving as a Survey Team Member and Acquisition NCO in a Weapons of Mass Destruction unit at Dobbins ARB, GA, that is on the forward battlefield in the war on terrorism and requires that he work closely with Federal Air Marshals, the US Unifonned Public Health Service, the USCG, and the Secret Service, and that he has been promoted to the grades of Corporal and then Sergeant since reentering the ANG. The Board also noted strong recommendations from his current chain of command and opined that his post-service accomplishments more accurately reflect his performance and character.

CONCLUSIONS: The Discharge Review Board concludes that the. discharge was consistent with .the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and that the applicant was provided full administrative 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. The applicant's characterization should be changed to honorable tmder the provisions of Title 10, USC 1553, and his reenlistment code be changed to 3K.

Attachment: Examiner's Brief