AIR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

AMN
TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW

CQlJ EL">vr  NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZA TJON OF COUNSEL

MEMRF.R SITTING

HON

GEN

UOTHC

OTHER

DENY
x x x x

(	x

ISSUES

A94.05

INDEX NUMBER

A67.10

===1

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE

3	LETTER OF NOTIFICATION
4=---t--BRIE_F_OFP-E_R_S_O_NN  EL_F_lL_  _	I

COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING DATE	CASE NUMBER

07 Dec 2005	FD-2004-00498

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

Names and votes will be made available to the applicant at the applicant's request.

SIGNArnRL6ii'REcoRDER	, /

c===t	I'

I

s1GJiii(TuRE oli'!ioARD PRESIDE!ilf.

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

SECRETARY  OF THE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE  DISCHARGE  REVIEW BOARD
1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

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

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE       FD-2004-00498

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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article l Ss. One for sleeping on his post and the other for domestic battery against his spouse. In addition, he also received four Letters of Reprimand, one Letter of Counseling, and one Letter of Admonishment for failure  to obey a lawful order, speeding, reckless driving and failure to go. The applicant claims that he did not commit the offense of domestic violence and bases his issues on that fact. The record clearly shows that when the applicant was arrested, he made a statement to the police that he did indeed strike his wife. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the misconduct 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.

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