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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE	AFSN/SSAN

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TYPE
I

PERSONAL  APPEARANCE	X    RECORD REVIEW

; R!!f$J!t:;• ' ' i_'	NAME OFCOUNSl:LAND OR ORGAl'llZATION
Yl:S	NO
x

ADDRESS AND OR ORGANIZATION 01' COUNSU.

.  . VOTE Ol'TIU:-BOARD

MEMBERS SITTING

HON	GEN

UOTHC	OTHER	DENY

:	x

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x
x

x

x

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ISSUES
A93.09

INDEX NUMBER
A67.10	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
2	
HEARING DATE

CASI: NUMBER
4	
BRIEF OF PERSONNEL FILE
2	
26 FEB 03

FD2002-0332	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

REMARKS

- , ., ', ..•_,_..	..'·.'	.

TAPE RECORDING Of PERSONAL APPERANCE HEARING
.,.: '; '.""·AnACHjID-Allt t:oiu..:i;DISCHARGEREVIEW BO DECISIQNAL RATIONALE.

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/MIBR
SSO C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

DATE: 26 FEB:OJ
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 31U> FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0332	

GENERAL: The applicant appeals for upgrade of discharge to Honorab]e, to change the Reason and Authority for discharge, and to change the RE Code.

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

The attached brief contains the available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The board finds that neither evidence of record nor that provided by the applicant substantiates an inequity or impropriety, which would justify a change of discharge.

ISSUE: Applicant believes his discharge was too harsh because it was due to maritaJ problems and not to duty performance. The record indicates the applicant received an Article 15 for wrongfully ignoring a no contact order with his wife and assault. He also received a Vacation action of a suspended bust under the UCMJ for willfully damaging a wa11 by throwing a picture against it. And, he received a Letter of Reprimand for a domestic dispute. The DRB took note of the applicant's duty performance as documented by his record. They found the seriousness of the wilJful misconduct offset any positive aspects of the applicant's duty performance. If the  applicant can provide additional  documented  information  to substantiate an issue, the applicant should consider exercising his right  to make  a personal  appearance before the Board. Ifhe should choose to exercise this right to a persona] appearance hearing, the applicant should be prepared to provide the DRB with factuaJ evidence of the inequity and any exemplary post­ service accomplishments as well as any contributions to the community. The  Board  concluded  the discharge was appropriate for the reasons that were the basis for this case. The characterization of the discharge received by the applicant was found to be appropriate. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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	

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