X*

X +

ISSUES	A94.06

INDEX NUMBER  fl. 67.so

2

APPLICATION FOR REVIEW OF DISCHARGE

3

LETTER OF NOTIFICATION

4

BRIEF OF PERSONNEL FILE

TAPE RECORDING OF PERSONAL APPEARANCE

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

X*

+

+

X*

+

X +

1	ORDER APPOINTING THE BOARD

COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL E	IBI S SUBMITT
PERSONAL APPEARANCE

AT TIME

F

HEARING DATE

CASE NUMBER

17Jan 2006

FD-2005-00246

.,,	-t.	•.	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AB	AFSN/SSAN	
	x	PERSONAL  APPEARANCE	RECORD REVIEW	
	NAME OF COUNSEL AND OR ORGANIZATION		

.

Case heard atWashington, D.C.

Names and votes will be made available to the applicant at the applicanf s request.

* CHANGE RE CODE 'rO  3K
+ CHANGE REASON AND AUTHORITY FOR DISCHARGE	
SilAF RJCORDl:;R /	SIGNATORE OF B PRESiqENT / ;;/	
	
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:
SECl.UTARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1:535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002	

AFHQ  FORM  0-2977, JAN  00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMIJER

FD-2005-00246	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 17 Jan 2006.

The following additional exhibits were submitted at the hearing: Exhibit 5: Two Certificates
Exhibit 6: Character reference letter

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  The Board partially 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 reason and authority. However, based upon the record and evidence provided by applicant, the Board finds the applicant's discharge service characterization inequitable and believes his RE code should be changed.

ISSUE: The applicant argued, and the Board determined, that under the facts of the applicant's case, his discharge service characterization was inequitable. The Board was convinced that the applicant had committed misconduct which was the reason for his discharge. The applicant presented extensive extenuation and mitigation evidence, and, under the particular facts of his case, the board decided his misconduct did not overshadow the overall quality of his service to the Air Force. Therefore, it was decided to upgrade the service characterization but to leave the reason for discharge Wldisturbed. Because the board found that an honorable service characterization was more appropriate and because the board was impressed by the respondent's personal growth, post-service accomplishments and profound insight into his own past misconduct, the Board decided a change inRE code was also warranted.

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 the 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 and his re-enlistment code should be changed to 3K.

Attachment: Examiner's Brief