AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER  (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

AlC
TYPE	PERSONAL  APPEARANCE	x	RECORD  REVIEW

YES	No
x

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC

OTHER	DENY
x x x
x x

ISSUES	INDEX NUMBER

1	ORDER APPOINTING THE BOARD

A94.05	A67.30	2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
HEARING DATE	CASE NUMBER	ADDITIONAL EXHIBITS SUBMITTED AT TIME OF

21 Aug 2003	FD-2003-00269

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

APPf;JcAJ'l'l''SISSU!>AND  THE BOARD's.D!WI&JQN !PilJomARE DISCUSSEDQN  TJ:IEATI:J\CI®\Af),§J'ORCEDISCHARGE   lql'{l);WB04R0  J:)ECI$ION	'!loNll :.·.'.·...·...•.	/
,)\t'	}i/	'·«·.. .,:. "/>/'!\ '	;\):::;:.,_\;_;;:;	'·' :
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

TO;

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM;

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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

FD-2003-00269	

GENERAL: The applicant appeals for upgrade of discharge to Honorable, change the  Reason  and Authority for the discharge, and change the Reenlistment Code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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, change of reason and authority and change of reenlistment code are denied.

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

ISSUES One and Two will be addressed together: Issues one & two are without merit. Applicant states that he was subjected to abuse by his wife and that he was offered no help from the first sergeant. The records indicate that the applicant went to Family Advocacy almost 50 times and that his spouse was the victim of minor physical abuse.

ISSUE Three: Applicant states that the reason for his discharge was based on the fact that he assaulted his wife by grabbing her by the neck. This is a true statement. The military  does not condone assault. The records indicated the applicant received an Article 15 for violating a no contact order and for wrongfully communicating a threat to injure his wife. He also received a Letter of Reprimand for three nonmoving vehicle violations in one year, and a Record of Individual Counseling for leaving a toolbox unlocked overnight.

ISSUE Four: Applicant states that his commanding officer told him he should have fought the discharge. This issue is without merit. Ifthe commander told the individual that he could have fought the discharge, he would not have initiated the discharge in the first place. The record indicates no such conversation took place.

ISSUE Five: Applicant states that he would like to continue serving his country. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. 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.

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