,	AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN

YES

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

VR '1¥EBOARO
0:?>-?!
MEMBERS  SITTING	HON	GEN	uomc

COL JOSEPH M. MARCHINO II

COL GREGORY T. REHE COL THOMAS.E. HAMMEN 

•

DENY
x x x x x

ISSUES
A93.09

INDEX NUMBER
A61.00	1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE

CASE NUMBER

4	BRIEF OF PERSONNEL FILE

30APR 03

FD2003-0013	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE  HEARING

REMARKS
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.

G'JIVlOA. J.j_

SIGNATIIRE OF BOARD PRESIDENT

DATE.: 301\'PR 03

SAF/MIBR
550 C STREET WEST, SlilTE 40 RANDOLPH AFB, TX 78150-4742

AFHQ FORM 0-2077, JAN 00

(EF-V2)

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
IS3S COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0013	

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 was going through a very difficult divorce and that after his convictions, he attended a 6-month long domestic violence prevention class. The record indicates that the applicant was discharged with a General Discharge for being  convicted  of  a domestic violence assault and for criminal mischief and harassment. 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.

Inview 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