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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE I N ITIAL)

GRADE	AFSN/SSAN

& rm ]JIFllJ 1 1 1. llllUlllit •	I	I b   I  I i
TI'PE
PERSONAL  APPEARANCE	X    RECORD REVIEW

YES	NO
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBERS SITTING

VOTE OF THE BOARD

HON	GEN	IJOTIIC

OTHER

DENY
x x x x
x

HEARING DATE
12 FEB 03

INPEX NUMBER
A61.00

CASE NUMBER
FD2002-0356

EXU1Bl1'S SUBMITTED TO THE BOARD
1	ORDER APPOINTTNG THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHll3ITS SIJDMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSlJE AND THE BOARD'S OECIStONAL RATIONAL ARE DlSCUSSllD ON THE ATf ACHED. AIR FORCE DISCHARGE REVIEW DOAlW DECISIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to subm it an application to the AFBCMR.

SAF/MIBR
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 WING, 3Ro 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

FD02-0356	

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 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 does not contest his discharge. He states that he had served over 9 years honorably, and on the date of his arrest, he was on his last day of terminal leave. He also states that his arrest did not affect his active duty commitment. The record indicates that the applicant was discharged with an Under Other Than Honorable Discharge for being convicted of capital murder by civilian authorities. The DRB took note of the applicant's duty performance as documented by his performance reports, and other information contained in the records.  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 that were the basis for this case.

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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