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AF | DRB | CY2003 | FD2002-0122
Original file (FD2002-0122.pdf) Auto-classification: Denied
GRADE 

I  *I3 

I 

( 

RECORDREVIEW 

1 
2 
3 
4 

ORDER APPOINTING THE BOARD 
APPLICATION FOR REVIEW OF DISCHARGE 
LETTER OF NOTIFICATION 
BRIEF OF PERSONNEL FILE 
COUNSEL'S RELEASE TO THE BOARD 
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 
PERSONAL APPEARANCE 

I 

I  TAPE RECORDING OF PERSONAL APPERANCE 

I 

I 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1 

I 

(TYPE UOTH  ( 

I 

PERSONAL APPEARANCE 

I 

MEMBER SITTING 

I  ISGES  A94.06 

I  MDEXNUMBER  A70.00 

HEARING DATE 

06 Dec 2003 

CASE NUMBER 

FD-2002-0122 

Case heard at Randolph AFB, Texas. 

+ Change reason and authority to Secretarial Authority 
1  Advise applicant of the decision of the Board. 

TO: 

SAFM RBR 
550 C STREET WEST, SUITE 40 
RANDOLPH AFB, TX 781 50-4742 

1 

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL 
AIR FORCE DlSCklAHCE  REVIEW  BOARD 
1535 COMMAND DR.  EE  WMC. 3RD FLOOR 
ANDREWS AFB, MD20762-7002 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NUMBER 

FD-2002-0122 

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

The applicant appeared before the Discharge Review Board (DRB) at Randolph AFB, Texas, on 6 December 2003. 
The applicant was represented by counsel,-of 

the Texas Veterans Commission. 

r, 

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

The applicant submitted the following additional documentary evidence: 
Exhibit #6, Medical Evaluation, dated 4 November 1999. 

, FINDINGS:  The Board grants the requested relief. 

The Board finds that the evidence of record and that provided by the applicant substantiates an inequity which justifies 
a change of discharge. 

ISSUE: 

Applicant  contends that  his  discharge  was  inequitable because  his  alleged  misconduct  was  a  result  of  his  mental 
health. 

Prior to the commission of the applicant's offenses, he was the subject of a Medical Evaluation Board for a medical 
condition that is disqualifying for continued military service.  The applicant subsequently was diagnosed with an 
associated Major Depressive Disorder, for which the evaluating psychiatrist determined would result in a "moderate" 
degree of impairment for further military service and a corresponding "definite" degree of impairment in civilian 
social and industrial adaptability.  The aforementioned severity levels correlate with a disability rating in accordance 
with the Veterans Administration Schedule for Rating Disabilities which could have resulted with the applicant's 
removal from military service.  However, the applicant was instead retained on active duty following an assessment by 
the Military Disability Evaluation System for his fitness for continued military service.  Consequently, the applicant 
was returned to duty and reassigned custodial jobs within his organization. 

The applicant testified that as a result of disclosures of his primary diagnosis within his unit of assignment, his 
depressive illness worsened.  The applicant further testified it was the perceived "death sentence" he received for his 
illness and the secondary depression that led him to use illegal narcotics as they produced some degree of comfort. 
Based on the specific facts surrounding this case, the Board concluded an upgrade of the applicant's  discharge and 
reason for discharge was the most appropriate course of action. 

CONCLUSIONS:  The Discharge Review Board concludes that the discharge was inequitable because of the unique 
facts and circumstances surrounding the applicant's  service on active duty.  In view of the foregoing findings the board 
further  concludes that  the  applicant's  discharge  should be  changed.  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  Secretarial  Authority.  The  applicant's  characterization  and  reason  for  discharge 
should be changed to Honorable pursuant to Secretarial Authority under the provisions of Title 10, USC  1553. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB, MD 

MISSING DOCUMENTS 

(Former AB)  (HGH A ~ C )  

1.  MATTER UNDER REVIEW:  Appl rec'd a UOTHC Disch fr USAF 00/07/21 UP AFI 36- 
3208, para 4.3 (Discharge in Lieu of Trial by Court Martial).  Appeals for 
Honorable Disch. 

2.  BACKGROUND: 

a. DOB: 77/12/15.  Enlmt Age: 20 1/12.  Disch Age: 22 7/12. Educ: HS DIPL. 
AFQT: N/A.  A-95,  E-62,  G-84,  M-53. PAFSC: 3P051 -  Security Forces Journeyman. 
DAS: Unknown. 

b.  Prior Sv:  (1) AFRes 98/01/23 -  98/04/14 (2 Mos 22 Days) (Inactive). 

3.  SERVICE UNDER REVIEW: 

a.  Enld as AB  98/04/15 for 4 yrs. Svd: 2 ~ r s  3 Mos 7 Das, all AMS. 

b.  Grade Status:  AB  -  00/07/20 (Article 15, 00/07/20) 
AMN  -  00/05/11 (Article 15, 00/05/11) 
AlC -  (EPR Indicates: 98/04/15-99/12/14) 
AMN  -  98/10/15 

c.  Time Lost:  None. 
d.  Art 15's:  (1) 00/07/20, Barksdale AFB, LA -  Article 86.  You did, on 
or about 5 Jul 00, without authority, absent yourself 
from your place of duty at which you were required to 
be, and did remain so absent until on or about 6 Jul 
00.  You did, on or about 10 Jul 00, without authority, 
fail to go at the time prescribed to your appointed 
place of duty.  Reduction to the grade of AB. 
(No appeal)  (No mitigation) 

(2) 00/05/11, Barksdale AFB, LA -  Article 92.  You, who 

knew or should have known of your duties, between on or 
about 22 Oct 99 and on or about 26 Dec 99, were 
derelict in the performance of those duties in that you 
willfully failed to limit your use of your Government 
Travel Card to official government travel expenses, as 
it was your duty to do.  Article 132.  YQU did, on or 
about 13 Dec 99, by preparing a voucher for 
presentation for approval of payment, make a claim 
against the United States in the amount of $377.50 for 

temporary duty travel expenses, which claim was false 
and fraudulent in the amount of $82.00 in that you did 
not incur $82.00 in per diem expenses and was then 
known by you to be false and fraudulent. You did, on or 
about 13 Dec 99, by preparing a voucher for 
presentation for approval of payment, make a claim 
against the United States in the amount of $343.20 for 
temporary duty travel expenses, which claim was false 
and fraudulent in the amount of $31.50 in that you did 
not incur $31.50 in per diem expenses and was then 
known by you to be false and fraudulent.  Article 86. 
You did, on divers occassions between 15 Apr and 16 Apr 
00, without authority fail to go to your appointed 
place of duty.  Reduction to the grade of AMN, and 14 
days extra duty. (No appeal)  (No mitigation) 

Additional: Unknown. 

f.  CM:  None. 

g.  Record of SV: 98/04/15 -  99/12/14  Barksdale AFB  4  (Initial) 

(Discharged from Barksdale AFB) 

h.  Awards &  Decs:  AFTR. 

i.  Stmt of Sv:  TMS: (2) Yrs  (5) Mos  (29) Das 

TAMS: (2) Yrs  (3) Mos  (7) DaS 

4.  BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 02/03/13. 

(Change Discharge to Honorable) 

ISSUES ATTACHED TO BRIEF 

ATCH 
1. Applicant's Issues. 

on - 

Case ID: 284197 

AFLSA/JAJM-1 

284 197 [GCM] -view), 
Printed on 08-Oct-2002 1 1 :53;41 AM by- 

F b  20~7-&~2L"002 



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