AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, flID>I MIDDLE INITIAL)	GRADE	AFSN/SSAN

	AlC		
	RECORD  REVIEW	
	ADDRESS AND OR ORGANIZATION OF COUNSEL	

1  ORDER APPOINTING THE BOARD
2	APPLICATION FOR REV!RW Of DISCHARGE
3	LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH!131TS SUBMITIED AT l'IME or
PERSONAL APPEARANCE
TAPE RECORDING or PERSONAL APPEARA NCE HEARING

CASE NIJMRE!t

:FD-2008-00337

Case heard in Washington, D.C.

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 available to the applicant at the applicant's request.

* CHANGE RE CODE

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

SECRETARY OF TIIE AIR FORCE l' :l<SONNEL COUNCIL AIR J10RC£ IHSCHARGE REVIEW BOARD
!5J5 COMMAND DR. EE WING, 3RD FLOOR
ANDREWS At'll, MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2008-00337	

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, via video teleconference between Andrews AFB Maryland and Robins AFB Georgia on 15 Apr 2010.

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

FINDING:    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  justify a change of discharge. However, based upon the record  and  evidence provided by applicant, the Board finds the applicant's reason and authority for discharge inequitable.

Applicant contends discharge was inequitable because it was too harsh.  He admits that he was young and immature.  The records indicated the applicant received two Letters of Reprimand for misconduct. misconduct consisted of violation of Phase restriction by going off base in civi lian attire and attempting to
gain entry into a 211    floor room from the 3rd floor by using a rope made out of bed sheets.  After a thorough
d
review of the applicant's records and complete consideration of the information submitted by the applicant, the Board concluded there was sufficient mitigation and extenuation to substantiate upgrade.  While the Board did not condone the applicant's incidents of misconduct, an Honorable discharge was deemed more appropriate.

CONCLUSION: 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 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 I Ionorable discharge and the reason for the discharge is more accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief