AIR FORCE DISCHARG E REVI EW BOARD HEARING RECORD

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ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISC:llARCiE
3 LETTER OF NOTIFICATION
4  HRJRr OF PERSONNEL FILE COUNSEL'S RELEASE TO Tl IF HOARD

HEARING DATE

13 Apr 2010

Case heard  i n Washi ngton, D.C. via video-teleconference  wit h  Robins A FB GA.

Advise applicant of the decision of the Board and  t he right to submit an application to the AFBCMR.

Names and votes will	made available to the applicant at the appl i cant's req uest.

* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARI AL AUTHORITY

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AF8, TX 781 50-4742

SECRt::TAflY OF TH All< HJ!<CE P!CllSONNEL CO\JNCIL AIR FORCE DISCHARGE REVIEW BOA!W
1535 COMMAND DR, EE WlNU, JRD  ·LOOI!
ANDREWS AFB, MD l0762.700l

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL	
RATIONALE	CASE NUMBER

FD-2009-00027	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authori ty for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Di scharge Review Board (DRB), without cou nsel, via v ideo teleconference between Andrews AFB Maryland  and Robins AFB Georgia on  13 Apr 2010.
The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions
Exhibit #6: Character Reference Letter
Exhibit #7: Character R eference Letter
Exhibit #8: Two Pictures of Barber Shops owned by Applicant Exhibit #9: University Achievement Certificate/Fl orida
Exhibit # 10: College of 13arber Achievement/ A l abama Exhibit #1 1: Business Barber  Li cense

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

FINDING: The Board grants the req uested relief. The discharge is upgraded to honorable. The reason and authority for the discharge, and the reenl istment code will also be changed to reflect the upgrade.

The Board find s that neither the evidence of record nor that provided by appli cant substantiates an impropriety that would justify a change of discharge. !Jowcvcr, based upon the record  and  evidence provided by applicant, the Board finds the appl i cant's d ischarge, and the reason and authority for discharge inequitable.

ISSUE: The appl icant contends discharge was ineq uitable because it was too harsh. The records indicated the applicant received an Article 15 and three Letters of Reprimand for  misconduct.  The  misconduct included breaking curfew, com municati ng a th reat, horsepl ay, fighti ng, and weari ng civilian clothes. The Board opined that the applicant's account i ng of events was creditable and his punishment for hi s offonse was inequitable. The Board determined that based on the evidence and the applicant's testimony,  the characterization of the discharge should be upgraded to honorable. The Board further concluded that the reason for discharge and the reenlistment code were inappropri ate and shoul d be changed.

CONCLUSION: The Discharge Review Board concludes that the discharge was consi stent  with  the procedural and substantive req uirements of the discharge regulation and was with i n the discretion of  the discharge authority  and the applicant was provided  full  administrative  due process.	
However, in view of the foregoing findings, the Board concl udes that the overall quality of appl icant's service is more accurately reflected by an Honorable and the reason for the discharge is more accurately described as Secretarial Authority and the reenl istment code changed to 3K under the provi sions of Title l 0, USC 1553.	

Attach ment: Exam iner's Brief