AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME 01<" S:RVICE MEMBER (LAST, FIRST MIDDU INITIAL)	GRADE	AFSN/SSAN

X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION Of COUNSEL

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X+

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ISSUES	A94.06	A67.l0

i	4	BRIEF OF PERSONNEL FILE	
		COUNSEL'S RELEASE TO THE BOARD	
		ADDITIONAL EXHIBITS SUBMITTED AT TIME or
Pf:RSONAL APPEARANCE	
		TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
			
HEARING DAT>;	CASE NUMBER		

Case heard in Washington, 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 available to the appl icant at the applicant's request.

+ CHANGE REASON AND AUTHORITY  TO SECRETARIAL A UTHORITY	

TO:
Sr:CRETARY OF THE AU< FORCE PERSONN>: L COUNCIL
AIR   URCE DISCHARGE  Rt;VIEW BOARD
!SJ$ COMMAND DR, EE WING, 3RD FLOOR ANDR!;WS AFB, Mil 20762-7001	

ATJON FOR REVIEW OF DISCHARGE OF NOTIFICATION

 	

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2009-00135	

GENERAL: The appIicant 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 (ORB) 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.

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, except the Board denies the change of reenlistment code.

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.

ISSUE:

Issue 1. The applicant wa'> discharged with an under honorable conditions (general) discharge for misconduct, namely minor disciplinary infractions. Applicant had an Art 15 for failure to obey  a lawful order, and one Letter of Counseling for failure to go to a weigh in. While the Board did not condone applicant's incidents of misconduct, they did feel the discharge action was inequitable when compared to other similarly situated airmen.

Issue 2. The applicant noted that while in the Air Force he applied to be recognized as a Conscientious Objector, an application which was denied. However, in view of applicant's profession of Conscientious Objector status, the Board determined the applicant's reenlistment code should not  be  changed.  The applicant can still apply for a waiver from the branch of service he wishes to join, or apply to the Air Force Board for Correction of Military Records.

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 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