AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

SRA	......

PERSONAL  APPEARANCE	X  RECORD REVIEW

\,	'.'/ ,/':-,	NAMJ: OF COUNSEL AND OR ORGANIZATION	
YJ:S	NO
x		

ADDRESS AND OR ORGANIZATION 01!' COUNSEL

MEMBERS SITTING
x x x x x
INDEX NUMBER
A67.50	1	ORDER APPOINTING TIIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

HEARING DATE
7 AUG 03

CA
FD2003-0186

4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITrED AT TIME OF
PERSONAL APPEARANCE

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 submit an application to the AFBCMR.

SAF/MIBR
550 C STREET WEST, SUITE 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 1535 COMMAND DR, EE WING, 31U> FLOOR ANDREWS AFB, MD 20762-7002
Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD03-0186	

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 av1ilable 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 inequitable because he was acquitted on charges during a Court Martial. This issue is without merit. The applicant was not discharged due to the Court Martial; he was discharged due to the conviction in civil court for attempted assault and battery. The record indicates the applicant received two Article l 5s, one for failure to obey a lawful order to pull over for a random entry point inspection and the other one for being derelict in the performance  of his duties and, with intent to
deceive, sign an official statement that was false. Additionally, he received two Letters of Reprimand for failure to go; three Letters of Counseling for financial irresponsibility and for failing to properly register his vehicle; and a judgment of sentence for the conviction in civil court for the attempted assault and battery. The Board concluded the misconduct was a significant departure from conduct expected of all military members. 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