AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

•· NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATIO:ll

GRADE	AFSN/SSAN

x	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION  OF COl'.NSEL

MEMBER SITTING
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···---- ··----- ··----- ··----- ···

HON	GEN

UOTHC

OTHER

DENY
x x x x
x

ISSUES

A93.19 A92.37 A93.07
A92.ll

INDEX NUMBER

A61.00

I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIO  AL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

15 Apr 2004	FD-2003-00558

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.

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)L)- _./)_

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

SECRETARY  OF THE AIR  FORCE  PERSONl'([L COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, EE WING, JRD FLOOR
ANDREWS AFB, MD ?0762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00558	

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 available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is 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:

Issue 1. Applicant infers discharge was inequitable because it was too harsh.  Applicant was discharged as a result of his civilian conviction and being sentenced to 12 years in prison (3 years suspended) for off base armed robbery of two foreign nationals.  The records also indicated the applicant received an Article 15 for stealing the personal property of his estranged wife, and a Letter of Reprimand for a civilian arrest incident  to a domestic assault.  Applicant felt his record of below-the-zone promotion and other acts of merit were
not substantially considered and form a basis for an upgrade to his discharge.  The DRB points out that a member of the Air Force is expected to maintain high standards of conduct both on and off duty.  The offenses committed by applicant are illegal by both military and civilian standards.  Furthermore, his actions brought severe discredit to the Air Force and significantly outweigh his overall record of service, and thus warrant the characterization of service received.

Issue 2.  Applicant notes he had marital problems which led to drinking and depression that adversely impacted his behavior.  While it is understandable that a member experiencing personal problems has additional stress, the applicant's problems were not unique and were not of sufficient mitigation to explain his misconduct.  After examining the records, the Board finds the discharge was procedurally proper and equitable and no change is warranted.

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