AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD

ITIAL)

TYPE GEN	X	PERSONAL  APPEARANCE
, : CdUNSEL,, ,; NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

MEMBER SITTING

VOTE OF THE BOARD
HON	GEN	UOTHC	OTHER	DENY
x

x

ISSUES

A92.22

INDt::X NUJnDn.

A<>t. 10

x
x x
EXHIBITS SUBMITTED TO THE BOARD

A93.02

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEAR ANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

13 Oct 2005	FD-2005-00144
APPLICANT'S !SSVE AND TIIE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Wash ington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes will be made available to the appl icant at the appl icant's req uest.

TO:

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

INDORS,EMENT

FROM:

DATE: 1.0/13/2005

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 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-2005-00144	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with coun	Andrews AFB on 13 Oct 20 . The following witness also testified on the applicant's behalf: Capt,.,(his wife), and retired CMSg.(former military supervisor and current civilian supervisor).
The following additional exhibits were submitted at the hearing: Exhibit  5: Applicant's  Contentions
Exhibit 6: American Legion Statement and nine Character Reference Letters

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

FINDINGS: The discharge is upgraded to honorable. Change ofreenlistment code is 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, the Board finds relief is warranted based upon consideration of the applicant's service record and the additional evidence presented by the applicant.

ISSUE: Applicant contends that his youth and immaturity contributed to and extenuated his misconduct and that his post-service conduct has been sufficiently creditable to  warrant  the requested  relief.  The DRB agreed that the applicant's immaturity contributed to his misconduct and was corroborated not only by his performance reports but also through his own testimony and the testimony of his witnesses. The Board concluded that the applicant's immaturity, as well as marital and personal problems impaired his ability to serve and that his lengthy post-service reflected maturity and extremely good citizenship.

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 under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief