AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
X*

x•

ISSVES

A92.21 A93.0l

INDEX NUMBER

A67.30

X*
x•
x•

1 ORDER APPOINTING THE BOARD
2 APPLJCATION 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 DATE	CASE NUMBER

19 Jttl 2013	FD-2013-00321

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.

*Narrative Reason and Authority

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 781504742

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL
AIR fORCEDISCHAllGE REVIEW BOARD
15.35 COMMAND DR. EE WING, JRD FLOOR
AN.DREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00321	

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

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 requests for the upgrade of the discharge and to change the reason and authority for discharge are denied.

ISSUE:	Applicant  received  an Under  Other  Than  Honorable  Conditions  (UOTHC)  discharge  for Misconduct - Commission of a Serious Offense

Applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The records indicate the applicant received one Article 15 and one Letter of Reprimand.  His misconduct included wrongful transmission of pornographic images via government computer and solicited a prostitute and assaulted and battered the same prostitute causing her serious bodily harm.  The DRB recognized the applicant was 21 years of age when the discharge took place.  However, there is no evidence he was immature or did not know right from wrong.  The Board opined the applicant was the same age as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

The DRB was pleased to see that the applicant was doing well and planning on attending college. However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service.

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