AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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TYPE   GEN	x	I	PERSONAL    APPEARANCE	I	RECORD    REVIEW
C()U!'(SEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION  OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
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X +
I->
X +

X +
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X +
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ISSUES	A94.06	INDEX NUMBER	A67.05	EXHIBITS SUBMITTED TO THE BOARD
A92.07	I	ORDER APPOINTING THE BOARD
A92.00	2	APPLICATJON  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXH IBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

09 May 2006	FD-2006-00029
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard at Washington, D.C.

+ Change of RE Code

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

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INDORSEMENT	DA"f'E: 5122/2006
TO:	FROM:

SAF/MRBR

SECRETARY  OF THE AIR  FORCE  PERSONNEL  COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST. SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH  AFB, TX 78150-4742	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-2006-00029	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 09 May 2006. The following witness also testified on the applicant's behalf: Mr_:"·-------:
:·- -- --- -- --- -- -·1(applicant's father).	-- - -- -- - _:
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The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge and change of reenlistment code (RE) are approved. Change of reason and authority for discharge are denied.

The DRB finds that neither the evidence of record nor that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge. However, based upon the record and the additional evidence provided by applicant, the Board finds the applicant's discharge was too harsh considering the special circumstances surrounding his misconduct and the significant positive aspects of his military service

ISSUE: The applicant appealed for an upgrade of his discharge for the purpose of enlisting in the United States Marine Corp with the additional goals of joining his county fire department and to pursue a college education. The records indicated the applicant received an Article 15, a Vacation Action, and one Letter of Reprimand for a pattern of misconduct. Specifically, the applicant's LOR, received on 9 July 2004, was for his involvement in an altercation and consuming alcoholic beverages while underage. The applicant issued a written statement that "[he] decided to get together" with two of his friends "to say farewell" prior to leaving on one of his several deployments to Iraq. During the collegial visit in the applicant's quarters, the two friends got into a scuffle, which spilled over into the dormitory parking lot during the applicant's attempts to break up the disagreement. Upon arrival of Security Forces personnel the applicant reported that his friends then escaped the scene leaving him behind to explain the circumstances, including an admission of his underage alcohol consumption. The applicant's Article 15 was issued months later on 16 May 2005 after discovery that he had wrongfully possessed an altered military identification card, on or about 8 February 2004, for which he had reportedly conspired with another airman to commit the wrongful alteration of the identification card (ID); then further, on or about 1 November 2004, assisting the aforementioned airman in altering his spouse's ID, all for the reported purpose of gaining access to establishments wherein alcoholic beverages were made available. The applicant testified that he neither solicited nor conspired to alter the military identification cards and that the airman, reportedly known to others for her skills at altering ID cards, offered to "fix" the applicant's military ID card in order that he may participate in social activities along side his elder friends. As a result the applicant received 30 days of correctional custody and a suspended reduction to Airman First Class. The applicant subsequently received a Vacation Action of the suspended reduction in grade on 19 July 2005 for his willful failure to refrain from wearing an earring while on duty and in military uniform, following which the discharge action  was pursued. The applicant emphatically denied the allegation, citing an immediate supervisor reportedly uttered that he never saw the applicant wearing an earring during the specified period of time. The applicant's father provided additional testimony regarding the applicant's strength of character and difficult childhood prior to entering military service. The applicant also presented laudatory letters from his current  employer, FedEx, citing the applicant's "highly desirable qualities" and others citing his "dependability" and commitment to "do his best in everything." The Board noted the applicant had reportedly deployed to Iraq over hostile airspace on several occasions as a boom operator, some for which he reportedly volunteered to allow another airmen to remain with their families.   The Board also noted that applicant had achieved  an overall "5" enlisted	

performance report, covering the same period of time in which his most significant offenses occurred. The Board also acknowledged the applicant had been  appropriately referred to and successfully completed an Alcohol and Drug Abuse Treatment Program. The DRB did not condone either the applicant's underage alcohol consumption or his acceptance and usage of an altered military identification card. Thus, the ORB did not recommend a change in reason and authority for discharge. However, in consideration of the totality of the applicant's service, to include the special circumstances surrounding his misconduct,  the  Board believed that the applicant's military service is best characterized as Honorable.

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 and that he should be given the opportunity to re-enter active military service under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief