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

'	'	AI C	:	'

·------------------------------ ·	.-------------

''	--	----	' ---	--'·

'--------------'·

TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COl!lL	NAME OF COUNSEL AND OR ORCANIZATION	APllRf SS ANll OR ORGANIZATION OF COllNSEL YES	Nu
x

"""'

i-'

......

VOTE OF THE BOARD

MEMBER SITTING

'-'" ·'"'''	··············--··-
HON	GEN	UOTI IC	OTHER	DENY
-----------------------------------	X*	t

X*	+

X*+ X*+
X*	+
-----------------------------------			- ·..,..........,..,,.
SSUES	A94.05	INDEX NllMUER	A67.30	EXHIBITS  SUBMITTED  TO THE  BOARD
1	ORDER APPOINTING THE !30AR D
2	APPl.ICATION l'OR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION	-
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD ADDITIONA L EXHIBITS SUBMITTED A'I TIM F OF PERSONAL  APPEARANCE

HEARING DATE	CASE NUMttf I<

20 Mar 2007	FD-2006-00409

TAPE R ECOR DI NG OF PERSONA L APPEARAN(T 1 11·
.,	..	·· ---

1i: ,;l£?

'S l$SIJI! AND THll llOARD'SJ>ltCISIONAL RATIONAi. ARE DISCUSSED ON THEiTT(l.CHEI> Alli. FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
,.i'.;:,	. ,·	">" I	,
Case heard in Washi ngton, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made avai lable to the applicant at the appl icant's request.

* CHANGE REASON AND AUTHORITY TO SECRETARIA L AUTHORITY
+ REENLISTMENT CODE
I	9	••=- ····=!-.-_----------•=• ••=------------•S...d..................
''
j

r

' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ...- --·- - " "fi'?ooRSEMENT- - - - -·,;:,;,;- - - - - - ....- - - - - - - - - - - - - - - - - - - - - - - - - - -
1:-1',,	' ·'"";',-,'
TO,	FROM,

DATE: 4/19/2007

SAF/MRBR

SCRETARY OF THE AIR FORCE PERSON NEL COllNCIL
AIR FORCIC lllSCt'IARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMA Nil DR, EE WINC, 3RD FLOOR
RANDOi.Pi I AFH, TX 78150-4742	ANllREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous ed ition wi l l be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00409	

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 was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

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

FINDINGS:	The discharge  is upgraded  to honorable  and the reason  for discharge  is changed  to Minor Disciplinary Infractions.  Change of reenlistment code is denied.

ISSUE:

The applicant received a general discharge for Misconduct, Commission of a Serious Offense.  The applicant contends at the time of his discharge he was in the middle of a divorce with the possibility of losing his children.  At the time, he thought the best thing to do was to request a hardship discharge so that his ex-wife could not use the military against him to obtain custody of his children.  The hardship discharge request was denied and he was offered a general, under honorable discharge with the understanding that he would be able to upgrade his discharge at a later time.  Since his discharge, the applicant has expressed a desire for upgrade of his discharge to qualify for a reenlistment into the armed forces.  While a discharge may be upgraded, the upgrade is by no means automatic.  A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge.  After a thorough and complete consideration of the information submitted by the applicant, and information contained in the record, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade of the discharge and to change the reason for the discharge.  The Board did not agree to change applicant's reenlistment code.

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 aprilicant 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 Infractions with a Separation Program Designator as
"JKN" under the provisions of Title 10, USC  1553.

Attachment: Examiner's Brief