AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  NITIAL)	GRADE	AFS'l/SSAN
49	A IC	1111 Ill
TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW
•	NAME  OF COU'lSEL  AND  OR  ORGA NIZATION	ADDRESS AND OR ORGAr<."IZA TJO.'i OF COUNSEL

YES	"'

x	..1 11 11 1111111!11 •

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MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
x x x x
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ISSUES

A94.05

INDEX N UMBER

A67.10

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A67.30	l	ORDER APPOlNTING THE BOARD
2	APPLICATJON FOR REVJEW O-F---DJSCHARGE	·-
3	LETTER  OF NOTlFlCATlON
4	BRJEF OF PERSONNEL FlLE
COl!NSEL S RELEASE TO Tl IE BOARD ADDJTJONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDJNG or PERSONAi. APPEARANCE
HEARING DATJ;	CASE Nl:MBER

02 Jun 2005	FD-2004-00330
APPLICANT,S:J UE AND.JHE BQARD'SDEC! SlONAL RATIONAL ARE'01$CiUSSED ON'THEAT'fACHELYAJR  FO.RCE.l)J:SCHM.GE  REVJhW BOARD DECJS!ONAL  RATlONALE
.	.	.
Case heard at Washington, D.C.
Advise applicant of the decision of the Board. the ri ght to a personal appearance with/without counsel, and the ri ght to	I
subm it an application to the AFBCMR
I
Names and votes will be made ava ilable to the appl icant at the applicant's req uest.
I
I
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i TO:

SAF/rvlRBR
S50 C STREET \\'EST  SUITE 40
R1\NDOLPH AFB. TX 781 50-4742

EC RETA RY OF"I JIE ,\JR FORC•: l'ERSONJ\EL COl':'••Cll
AIR  FORCE  ()JSCll.-\RGl: Rt:HEW HOARD
1 535 C OMVIA ND OR. f.I WING, 3RD H_OOR A1'"DREWS AFB, MD 20762-700!

AFHQ FORM 0-2077, JAN 00	(EF-V 2)	Prev ious ed ition \Vi ii be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUJ\.1BER

FD-2004-00330	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but declined to exercise this right.

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

FINDINGS:  U pgrade 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.

ISSUE 1: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article 15s, one for wrongfully having sexual intercourse with a married woman, not his wife and the other for driving while drunk and for being drunk and disorderly. The applicant states that he was not found drunk while driving; that he was arrested in the barracks. Even if the Board threw out that charge, the Article 15 wonld still stand for the drunk and disorderly charge. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the mi sconduct 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.

ISSUE 2. Applicant states that his discharge did not take into account the good things he did while in the service. The ORB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

CONCLUSIONS: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation  and was withi n the discretion of the discharge authority and that the applicant was provided full administrative due process.

In view of the foregoi ng 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: Exami ner's Brief