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AF | DRB | CY2013 | FD-2013-00373_13
Original file (FD-2013-00373_13.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)



ONAL APPEARANCE
GRADE    AFSNISSAN

x        RECORD REVIEW

ADDRESS AND OR ORGANIZATION OF COUNSEL



MEMBER SITTING
HON      GEN      UOTHC    OTHER

DENY


X*+

X*+ X*+ X*+



A93.0l A94.05

INDEX NUMBER     A67.90
X*+

l ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3       
LETTER OF NOTIFICATION
4       
BRIEF OF PERSONNEL F ILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUB M ITTED A T TIME OF PERSONAL APPEARANCE
TAP E RECORDING OF P E RSONAL APPEARANCE HEARING


HEARING DATI!    CASE NUMB E R

19 Jul2013

FD-2 0 1 3 -00 3 7 3


Case heard in Washington, D.C .

Advise applicant o f 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 applicant at the applicant' s request.



* CHANGE RE CODE






TO:

SAF/MRBR
550 C STREET WEST , S U ITE 40 RAND O L P H AFB, TX 78 1 50-4742
FllOM:

S ECRETARY O F THE AIR FORCE PERSO N N E L COUNCIL A I R FORCE DISCHARGE REVIEW BOARD
ISJS COMMAND DR, EE WING, JJU> FLOOR ANDREWS AFB , MD 20762 -7 001


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




AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
CASE NUMBER

FD-2013-00373
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 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.

FINDING: The discharge is upgraded to Honorable. In addition the Board voted to grant a change in reason for discharge and the reenlistment code.

ISSUE: The applicant was discharged with an under honorable conditions (general) discharge for a Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline. The applicant contends that the evidence that led to his discharge is insufficient and does not warrant a General discharge. He also states that he was young at the time and a few mistakes should be afforded due to his youth. He admits he has matured considerably and wants to reenlist in the Air Force. The records indicated the applicant received a Letter of Reprimand and three Records of Individual Counseling. His misconduct included oversleeping, reporting to duty late, failure to follow order to get a haircut, reporting late for duty without training material, failure to complete homework, failure to inspect the EGW equipment and failure to use checklist, agitated with and pushed another airman, disrespected instructor during training course, and argumentative demeanor. After through consideration of the information provided by the applicant, the records of the case, the DRB concluded there was sufficient mitigation to substantiate upgrading the discharge to Honorable, change the reason for discharge and the reenlistment code. Although the Board does not condone applicant's misconduct, the Board finds sufficient mitigation and extenuation based upon the applicant's overall duty performance, memorandum from Area Defense Counsel, to consider his discharge harsh. As such, the Board grants upgrade of discharge to honorable, change of reason and authority for discharge, and change of 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.

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, 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

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