AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

i    NAME OF SERVJCE MEMBER  (LAST, FIRST MIDDLE JNITIAL)

GRADE

AFSN/SSAN

PERSONAL  APPEARANCE

X   RECORD REVIEW

NAME OF COUNSEL AND OR ORGANILATION	ADDRt:ss AND OR ORGANIZATION OF COUNSEL

MEMBERS SITTING

x x x x

INDEX !'!UMBER
A93.07, A92.37, A93. 11	A67.30

i    l	ORDER APPOINTING THE BOARD
.  2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA TlON

HEARING DATE
8 JULY 03

REM."RKS

CASE NUMBER
FD2003-00014

4		BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXJ.IIBITS SUBMITTED AT  TIME OF
PERSONA!.APPEARANCE

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AJR FORCE DISCHARGE REVIEW BOARD 1535 COMMA"lD DR, EE WING, 3RD FLOOR ANDREWS Af'B, 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

FD2003w00014	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS:  Upgrade of discharge is denied.
The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any.

Issues. Applicant was discharged for misconduct, commission of a serious offense. Member was tried at Special Court Martial and found guilty of five related offenses. He pled guilty only to one of the charges, that being violation of a no contact order with A l C -his active duty Air Force spouse. The other charges he was convicted of consisted of leaving his place of duty without authority, making a false official statement to a SSgt who was his escort during premtrial confinement regarding a phone call he made to his spouse, assaulting his spouse, and communicating a threat to break his spouse's neck. During the discharge processing, the unit commander considered withdrawing the discharge to give member another opportunity for rehabilitation; the commander changed his mind after member received a subsequent Letter of Reprimand following his arrest by civilian authorities for making harassing and threatening phone calls to one of his estranged wife's friends. The Board noted that applicant's misconduct was very serious and not compatible with Air Force standards; the degree of member's misconduct outweighs the applicant's otherwise acceptable service during the period of enlistment under review, and warrants the characterization of service received.

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