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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

-NAIE OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE

UOTH

PERSONAL APPEARANCE

AIC
x

Iii lilt !l
RECORD REVIEW

YES	No
x

NAM£ OF COUNSEL AND OR ORGANIZATION

ADDIU:SS Al\'ll OR ORGANIZA TJON OF COUNSEL

MEMBER SITTING
-------------------------   ..	x
x x x
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ISSUES

A94.53

INDEX NUMBER

A73.00

1	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
ADDITIONAL EXHIBITS SU MITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

REARING DATE

01 Dec 2004

CASE NUMBER

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

FROM:

SECRETARY OF 11IE AIR FORCE PERSONNEL  COUNClL AlR FORCE DJSCHARGE REVIEW llOAIID
1535 COMMAND DR. EE WING. nm FLOOR
A:"IDREWS AFB, MD 10762-700l

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00292	

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

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, and change ofreason and authority for discharge, are denied.

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

Issues. Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge pursuant to his request to be discharged in lieu of trial by court martial. Member was charged with violating a no contact order on divers occasions and with twice assaulting a female airman. Applicant now comes noting the adverse result his discharge has had on his ability to obtain post-service employment. The Board concluded member's misconduct was a particularly serious failure to meet Air Force standards and an extremely significant departure from conduct expected of all military members. His misconduct was sufficient reason for receiving a UOTHC discharge. The Board further notes that applicant voluntarily submitted his request for discharge in lieu of trial by court martial, thus not attempting to establish his innocence .or present any extenuating or mitigating factors. In doing so he acknowledged that under these circumstances his characterization of service could be deemed under other than  honorable conditions in accordance with discharge regulations, wherein airmen so discharged usually do have their service characterized as UOTHC. The Board found no wrongful action by the Air Force, and could find no inequity or impropriety on which to base an upgrade to 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