AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE l'llTIAL)

TVPE GEN	x	I	PERSONAL    APPEARANCE
':<,'  NAME OF COt:!"<"SEL AND OR ORGANlZATION
YES	No
x

GRADE	AFSN/SSAN
SRA	UHFR	••
I	RECORD    REVIEW
ADDRESS AND OR ORGA:-.llZA TION OF COUNSEL

VOTE OFTHE BOARD

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

HON	GEN	UOTHC
x

x
x

OTHER	DENY

x

x

- .
ISSl'ES

A61.03 A85.07 A92.20 A00.47

INDEX NUMBER

A00.47 A61.03 A85.07 A92.20

··	+   EXIIIB1TS,,SUBM1TIED  TOTHEBOARD	·•·•··· ..
]	ORDER APPOI NTf NG Tf!L BOARD
2	APPLICATION FOR REVJFW OF DISCHARGE 	
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEE'S RELEASE TO THE llOARD
ADDITIONAL  EXH IBITS SUBMITTED AT TIME OF PERSONAL APPEAR ANCE
TAPE RECORDING OF PERSONAL APPEARA'JCE

                               CASE Nl'M BER

11 Jan 2005	FD-2004-00222
.

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

1 	

4 o

'

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

AFHQ FORM 0-2077, JAN 00

SECRETARY OF THE: AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCllAkGF. REVIEW BOARD 1535 CO!'r'IMAND DR, EE WT.NG, JRD FLOOR ANDREWS AFB. MD 20762-7002

(EF-V2)	Previous ed ition will be used

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00222	

GENERAL:   The applicant  appeals for upgrade of discharge to honorable  and to change the reason  and authority for the discharge.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) and exercised this right on January  11, 2005.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:	The discharge  is upgraded  to honorable.	Change of reason  and  authority  for discharge  is denied.

The Board finds that even though the discharge was equitable and proper at the time of issuance, an upgrade to honorable is warranted based upon consideration of the applicant's service record and other evidence presented to the Board.

ISSUE:

Issue I : Applicant noted that he lost his ability to carry a firearm after the civilian incidents of domestic violence, and thus lost his ability to perform his duties as a security forces troop. He argued that other AFSCs do not have a similar requirement. The Board concluded that the discharge was not based on his ability to carry a firearm, though that fact was noted in the notification letter. Rather, his discharge was based on a pattern of misconduct. Inclusion of this additional fact did not create an inequity or impropriety operating to the applicant's prejudice. It did not support changing the reason or authority for discharge.

Issue 2:  The applicant states that within a few months of his discharge, the civilian charges against him were dismissed.  He argues had the Air Force waited, this fact would have been known and he would not have been discharged.  The applicant admitted to committing the offenses in each of the civilian incidents.  The      Board concluded that an adequate basis for discharge existed based on discreditable involvement with civil authorities.  Thus there is no support for changing the reason or authority for discharge.

Issue 3:  Applicant states that his discharge did not take into account the good things he did while in the service. The Board took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  The Board concluded the reason and authority for discharge was appropriate but that the service characterization should be upgraded to honorable.

Issue 4:  The applicant notes that the civilian charges were personal in nature and reflected moral character. He alleges that good moral character was not promoted nor emphasized in his career field.  The Board determined that this does not rise to the level of an impropriety or inequity, and that the reason and authority for discharge are valid.

Issue 5:  At the personal appearance, the applicant noted his post-service activities.  The Board was pleased to see that the applicant was doing well, has a good job and is attending school.  This information provided additional credence to the character of his pre-discharge service conduct.  The Board concluded that an upgrade to honorable was warranted but that the reason and authority for discharge was appropriate.

Issue 6.  Applicant requests that the reason for his discharge be changed to "For the Convenience of the Government."  The Board opined that the reason for discharge was a Pattern of Misconduct which is in	

accordance with AFI 36-3208, paragraph 5.50.  This reason would include individuals who are arrested by civil authorities for acts of domestic violence.  An involuntary discharge for the Convenience of the Government would only be appropriate when discharge would serve the best interests of the Air Force and the discharge for cause is not warranted.  The Board concluded the reason for the discharge received by the applicant was 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 the overall quality of applicant's service is more accurately reflected by an Honorable discharge. The Board further concludes that the reason and authority for the discharge are appropriate and, as such, they will not be changed.

Attachment: Examiner's Brief