AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

,NAME OF SERVICE MEMBER (LAST, FIRST M IDDLE INITIAL)	GRADE

il;;i::,Ct;>lJNS l( ,
YES	No
x

CADET
PERSONAL  APPEARAl"ICE	x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

-----------------------------------------

HON	GEN	UOTHC

OTHER

DENY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A60.00

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

HEARING DATE	CASE NUMBER

02 Dec 2004	FD-2004-00282

Case heard at 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 .

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TO:	FROM:
SAF/M RBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR  FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WJNG, JRD FLOOR ANDRE"''S AFB, MD 20762-7002

AFHQ FOR'\11 0-2077, JAN 00	(EF-V2)	Previous edition \\•ilJ be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CA.SE J\Ul\IBER

FD-2004-00282	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of discharge is denied.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received a General discharge from the United States Air Force Academy for unlawfully entering another cadet's room with the intent to commit a criminal offense consummating in assault and battery of that cadet. The Board concluded the misconduct was a significant departure from conduct expected of all military members. While it is unfortunate that the applicant is not able to obtain certain jobs due to his discharge, it does not excuse past misconduct and thus the characterization of the discharge received by the applicant was found to be appropriate.

CONCLUSIONS: 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 that the applicant was provided full administrative due process.

In view of the foregoing findings the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief