AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE

No
x

GRADE	AFSN/SSAN

AB
x	RECORD REVIEW

MEMBER SITTING
- - - - ------ - - - - ----- - - - - ----- - - - - -

HON	GEN	uornc

OTHER

DENY
x x x
x
x

JSSUES	A94.53

INDEX NUMBER

A67.50

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
ADDlTIO  AL EXHIBITS SUBMITTED AT TIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

16 Dec 2004	FD-2004-00325

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.

---...........--	........2-<'>- .. J..d....................·····......................···,

SECRETARY OF THE AIR FORCE PERSONNEL COUNCTL AIR FORCE DISCHARGEKEVIEW 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-2004-00325	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: Applicant was discharged for a pattern of misconduct. The records indicated that applicant received two Articles 15, a traffic ticket, and pursuant to his guilty plea was convicted at Summary Court Martial. His offenses included two different occasions on which he assaulted foreign-nationals while assigned overseas, disorderly conduct, and illegal parking. The record reflects that after member's second Article 15, administrative discharge was contemplated but member's commander decided to give him another chance. Nevertheless, his misconduct continued and another assault occurred resulting in his court martial conviction. The Board also noted member entered the military service on a moral waiver due to pre­ service criminal charges of resisting arrest I interfering with a police officer, for which applicant was fined and ordered to pay restitution. Member was referred to the Alcohol and Drug Abuse Rehabilitation and Treatment program during three different periods of time as it appeared most of his misconduct was alcohol­ related. At the time of the discharge, member consulted counsel and submitted a statement in his own behalf requesting probation  and rehabilitation,  which was denied.   The DRB  opined that through the unit's
, extensive administrative and rehabilitative actions, the applicant had ample opportunities to change his negative behavior and was unwilling or unable to do so. The Board concluded the misconduct was a significant departure from conduct expected of all military members and the characterization of the discharge 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 there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief