AIR FORCE DISCHARG E REV IEW BOARD H EARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)
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GRADE

AB

AFSN/SSAN
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TYPE  GEN
COUNSEL
YES	I	No
I x

x	I	PERSONAL    APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

I	RECORD    REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD

MEMBER SITTING

.

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HON

X+

GEN	UOTHC

OTHFR

DENY

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.

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i.

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X+* X+* X+*
X+*

ISSUES

A94.06 A92.22

INDEX NUMBER

A67.90

l:! XHIBITS SUBMITTED TO THE BOARD
ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONN EL FI LE
COU NSEL'S R ELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIMI·: OF PERSONAL APPl'A RA NCE
TAPE Rl:COR DI NG OF PERSONAL APPEARANCE HE

HEARING DATE	CASE NUMBER

27 Feb 2007	FD-2006-00291
APPl.ICANT'SISSUll AND THE l:lOARD'S bllCISIONAL RATIONAL All.ll OISCUSSED ON THE AITACHED AIR FORCE DISCHARGE REVIEW aOARD DECISIONAL l\AT!ONAlE

Case heard in Washi ngton, D.C.

Advise appl icant of the decision of t he Board.

Names and votes wi l l be made avai lable to the appl icant at the appl icant's req uest.

* Reason and Authority
+ Reenlistment Code

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'..

Q	I	-····-	·-·····'"······---------

•- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - --- - - -0- - -.-	1 - - - - - - - -,- - - - - - - - o·---------------------..----;;	·;/19/2007

TO,

SAf/MRBR
550 C STREET WEST, SlJ ITE 40 RANDOLPH A FB, TX 781 50-4742

SECRETARY OF TllE AIR FORCE PERSONNEL COL'NCIL AIH FOKCE UISCHAKGE REVIEW BOARO
1535 COMMA Nil DR, EE WING, JRIJ FLOOK ANDREWS APB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition wil l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00291	

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

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews
cAFB on 27 Feb 2007. The following witness also testified on the applicant's behalf: Ms.f ·-- --- --- ---··: jmother).	---- --- --- --- --

The following additional exhibits were submitted at the hearing: Exhibit 5: American Legion Statement

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 of record nor that provided by applicant substantiates an impropriety that would j ustify a change of discharge.  However, based upon the record and evidence provided by applicant, the Board finds the applicant's character of discharge and reason and authority for discharge are inequitable.  The Board determined the applicant's discharge was too harsh considering the circumstances surrounding his misconduct.

ISSUE:

Issues.  The applicant was discharged with a general discharge for a pattern of misconduct in August 1998. The applicant had two Article  l5s and vacation of a suspended forfeiture of pay.  The applicant had three alcohol related incidents within less than a one month period of time.  He was punished with a reduction in grade, forfeiture of pay and performed extra duty.  The records indicated applicant had arrived on station at
F.E. Warren AFB in February 1998.  Applicant testified that in May 1998, a close friend and member of the unit, committed suicide.  He contends that his chain of command never provided grief counseling either for the unit or for individuals.  At the same time, he testified he was suffering from depression due to family problems.  His mother was ill.  His parents were experiencing legal and financial problems with other siblings.  Applicant stated that during this time, his command was also going through some changes.  His first sergeant and commanding officer had been replaced.  He felt that if his former commander had not been replaced, he would have obtained the support and grief counseling as needed.  The applicant's mother provided additional testimony regarding the applicant's strength of character and their family problems.
After his discharge, applicant worked as a Public Safety Officer.  He then enlisted with the USMC and was deployed on four combat tours.  The applicant provided laudatory letters from his service with the USMC citing that he was one of the best Marines in the section, the company and the battalion.  After serving a
four-year enlistment, applicant was discharged in 2006 with an honorable discharge.	

The Discharge Review Board noted that the applicant's misconduct happened within a one-month period. The Board noted that during this time, he attended a four-hour counseling session as a rehabilitative measure.  While the Board did not condone applicant's misconduct, they did not feel applicant received appropriate counseling nor did he receive time for rehabilitation.   The Board also noted the applicant's
distinguished service record while in the USMC.  When considering the totality of the applicant's service, to include the special circumstances surrounding his misconduct and testimony provided to the DRB, the Board believed his discharge was too harsh.  As a matter of equity, 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 the reason for the discharge is more accurately described as Secretarial authority under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief