AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBICR {LAST, FIRS'!' M mrn J<: INITIAL)

GRADE

AJ C

RECORD REVIEW

x x x

ISSUES

AOl.14 AO l.48

INO:X :-iUMBEN

A67.10

ORDER APPOINTI NG TI IE F!OARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4  BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARJNG

HEARING OAH'.

09 Aug 2010

FD-2009-0004 7
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Case heard i n Washington, D.C.

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

Names and votes will be made available to the appl icant at the appl icant's req uest.

X - Secretarial Authority with Reenlislrnent Code of 3K.

NT

TO:

SAF/MRBR

550 C STREET
RANDOI.1'1 1 A Fll, TX

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIW FOIKE lllSCH/\RGt: R ;VIEW ROARD lo35 COMMAND DR, EE WING, JRD nOOR ANDREWS AFB, MD 20762- 7001

AFHQ FORlYl 0-2077, JAN 00

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2009-0004 7	

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

The applicant was offered a personal appearance before the Discharge Review Board  (DRB) but declined and requests that the review be completed based on the available service record.

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

The appl icant was offered a personal appearance before the Discharge Review Board (DRB) and elected to exercise this right. However, the case was tendered before the personal appearance hearing time. A tender consideration is the process of reviewing a projected personal appearance case to determine if the board would grant the requested relief based on the evidence in the service record and a possi ble impropriety fimnd  i n the administrative discharge.

After a review of the record, the Board unanimously voted to grant the relief of the requested upgrade as discussed below.

FINDING:    The Board grants the requested relief

lbe Board finds evidence in the record to substantiate an impropriety that would justify a change in the discharge. Therefore, for the reasons specified below, the Board grants the upgrade of the applicant's discharge, the change the narrative reason for discharge to Secretarial Authority and the change to the reenlistment code to 3K.

ISSUE:

The applicant contends the Air Force did not follow pol icy and documentation provided by the National Personnel Record s Center indicates the applicant received an Honorable discharge.  The Board found that the applicant received an Article 15 for failure to comply with Maintenance Operations Safety Standards. After further review, the Board found the applicant had over five years of service with no formal documentation showing that he was afforded the opportunity to overcome this deficiency. Since, there were no other infractions or misconduct by the applicant that was evident in his record, the case is tendered. The Board concluded his discharge was improper and also considered changing the reasons and authority and reenlistment code.  As a resul t, the Board unanimously changed his character and reenlistment code.

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.

The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.	

In view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more
·accurately reflected by an llonorable 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 I 0, USC 1553.

Attachment: Exami ner's Brief