AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

AB	tl	IJlbJlP

TYPE GEN	X

PERSONAL  APPEARANCE

YES	No
x

/  NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC	OTHER

DENY

X+*

X+* X+*

ISSUES

A94.00

INDEX NUMBER

A67.50 A93.18

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

X+*
x

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

06 Oct 2005	FD-2005-00259

Case heard at Washington, D.C.

Advise applicant of the decision of the Board.

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

VOTE CARD LEGEND:  + = change RE Code
* = change in primary reason from "drug abuse" to "misconduct"
** = change reason for discharge to secretarial authority

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, !\ID 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-2005-00259	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB, MD on 06 October 2005.

The following additional exhibits were submitted at the hearing:
Exhibit #5:  Letter of Recommendation, 5 October 2005 from .	L 21Jllllktt
Exhibit #6:  Character Letter, 28 September 2005 from

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 ofrecord 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 discharge reason, discharge characterization  and reenlistment code inequitable.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records  and  the applicant's testimony showed that the applicant's poor duty performance was due to his inability to put his knowledge into actual practice and that his misconduct was quite minor. While he committed serious misconduct when he lied to investigators about an incident at a party, there was nothing in the record to show that the incident was anything other than a one time lapse in judgment brought on by the applicant's fear. The majority of the DRB accepted the applicant's argument that his discharge under the drug abuse provision of the discharge regulation was too harsh under the particular facts of his case.

CONCLUSIONS: The Discharge Review Board concluded 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 and the reason for the discharge is more accurately described  as misconduct,  minor disciplinary infractions, under  the provisions  of Title  I 0,
U.S.C. 1553. The board further directs that the applicant's re-enlistment  code be changed to 3K. Attachment:
Examiner's Brief