AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE I1' TIAL)

GRADE

RSONAL APPEARANCE

No
x

x	RECORD REVIEW
ADDRESS AND OR ORGAN!Z.ATION OFCOUNSEL

MEMBER SITTING

HON	GEN	UOTHC	OTHER

DENY
x x x
x
x

ISSUES

A92.35

INDEX NUMBER

A92.27

A92.0l	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

HEARING DATl!	CASE NUMBER

19 Jul2013	FD-2013-00169

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 applicant at the applicant's request.

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OFmE AJR FORCE PERSONNEL COUNCIL
AIR FORCE DISC'HARGI! REVIEW BOARD 1535COMMAND 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-2013-00169	

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 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 Board denies the upgrade of the discharge.

ISSUE: Applicant received a General discharge for Misconduct - Civil Conviction

Applicant contends discharge was inequitable because it was based on a one time incident.  Additionally, he states that his discharge did not take into account the good things he did while in the service. The record indicated the applicant was arrested on 27 November 2011 for domestic violence against his wife, which resulted in a felony conviction.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.   They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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.

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief