AIR  FORCE  DISCHARG E  REVIEW  BOARD  HEARING  RECORD	I

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TYPE G EN

GRADE

SRA

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YES	No
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.   NAME OF COUNSEi,AND  OR  ORGANIZATION

APDRF.SS ANP OR ORGANIZATION OF COUNSEL

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MEMBER SITTING

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GEN	UOTHC

OTHER

DENY

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ISSUES

A94.06

INDEX NUMBER

A61.00

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l	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE

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3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE R ECORDING OF PERSONAL APPEARANCE

HEARING OAT!:	CASE NUMllF.R

24 .Jan 2006	FD-2005-00295
APPL1CANl"S !SSlJE ANI) nU". .BOARD' s DECISIONAL RAfJONAll' ARE 0.JSCUS$!µ) ON'Tlllj;A:rfA<'!ilip. A!kfOttC. DISCflAI!JHl ltilV!E\.\( BOA!t!:> DEC:JSlQNAL ltATIONAt.ll ·... . .. ... •.. •··.·•

Case heard via video-teleconference between St Augustine, FL and Andrews AFB, MD.

Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR . Names and votes will be made ava ilable to the applicant at the applicant's request.

J

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE  NUMBER

FD-2005-00295	

GENERAL: The applicant appeals for upgrade of discharge to honorable and 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, via video­ teleconference between St. Augustine, FL and And rews AFB, MD on 24 Jan 2006.

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

FINI> JNGS: Upgrade of discharge is granted but change of reason and authority for discharge and change of reenlistment code 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. Ilowever, based upon  the  record  and  evidence provided by applicant, the Board finds the applicant's discharge service characterization inequitable.

ISSUE:

Issue.  Applicant contends her service characterization was inequitable because it was too harsh.  Under the particul ar facts of the applicant's case, the DRB agrees.  According to her, the applicant was engaging in activity she believed to be lawful and was trying to comply with Air Force regulations governing off-duty employment.  In light of the laudatory comments included with her package, the DR B decided that an under honorable conditions (general) service characterization was too harsh and that the applicant's service was most appropriatel y characterized as being honorable.  The DRB declined to change the reason for the applicant's discharge or to alter the RE code.  While her service was honorable, she was properly discharged for the civilian conviction and the current RE code is proper.

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 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 Titl e 10, USC 1553.

Attachment: Examiner's Brief