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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	 	

NAME OF SERVICE MEMBER (LAST, Ji"IRST MIDDLF. INITIAL)	GRADE	AFSN/SSAN

TYPE

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r ;ERSONAL APPEARANCE
COllNEL	NAME OF COUNSEL AND OR ORGANJLATION
YES	NO
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x RECORD REVIEW	--
ADDRESS AND OR ORGANIZATION  OF COUNSEL

VOTE OF TIIE llOARD
MEMBERS  SITTING	HON	GEN	UOTHC	OTHER	DENY

x

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ISSUES	INDEX NUMBER	EXHIBITS  SllBMITl'ED  TO THE BOARI>
A94.05	A67.30	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
11 Apr 03	FD2002-0442	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING or PERSONAL APPERANCE HEARING
APPLICANT'S. ISSUE AND TIIE BOARD'S PECISIONALRATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE J)fSCHARGE REVIEW BOARD DECISIONAL RATIONAJ.E .
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REMARKS
Case hea rd 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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DATE:  11 APR 03

··· 1

INDORSEMENT
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TO:	FROM:
SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH  AFB, TX 78150-4742		l 535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS  AFB,  MD 20762-7002
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AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous ed1t1on will be used .

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2002-0442	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable, and change of reenlistment eligibility (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.

FIND.IN GS: Upgrade of discharge and change of RE code are denied.

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

The applicant's issues are listed in the attached brief.

Issue. Applicant contends discharge was inequitable because it was based on one isolated incident. The information provided by the applicant and contained in his records was carefully reviewed by the DRB. The records indicated that Special Court Martial charges were preferred. The misconduct included unlawfully striking his wife, adultery, and communicating  a threat The board concluded the misconduct outweighed the otherwise satisfactory performance of this member.

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 and change of RE code, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief