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HEARING DATE
CASE NUMBER
03 Apr 2014
FD-2013-00489
Case heard in Washington, D.C.
Advise applicant of the decision of the Board.
Names and votes will be made available to the applicant at the applicant's request.
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r,.-,1.ETARIAL
TO:
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742
FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00489 |
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 appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 03 Apr 2014. The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions Exhibit #6: WAIS IV Client Report Exhibit #7: Commonwealth of PA child abuse history clearance
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board grants the requested relief.
ISSUE: Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions
Applicant contends discharge was inequitable because it was too harsh. He stated that there had been multiple deaths in his family and this contributed to his misconduct. The records indicated the applicant received one Letter of Reprimand and one Letter of Counseling. His misconduct included failed to obey a direct order by parking in an unauthorized location, made a false statement, and driving under the influence. Although the Board does not condone the misconduct, they found the discharge to be too harsh and opined the applicant should have been given the opportunity to rehabilitate.
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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