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A IR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

N.UIE OF SERVICE MntBER (LAST, FIRST MIDDLE INITIAL)	GRc\DE

SRA
TYPE GEN	I	PERSON A L APPEARA NCE		x	I	RECORD RE VIEW
@U;:t'-Pf-<  ' NAME OF COUNSEL AND OR ORGAI"ilZATION	ADDRESS 1\ ND OR ORGA NIZATION OF COUNSEL
YF.S	No
x

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VOTE OF Tl.IE BOA1ffi	'
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MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
l'	x
x x
x x
ISSUES	A94.01	1:-lDEX NUMBER	A67.30	''        EXHIBl!fS Slfl;IMII;/'EP 11.1)1111!:lll)Allp ·,,•.- < ,_ -•· -• .
I	ORDER APPOINTING THE BOARD
2	APPLJCATJON  FOR REVJ E\.V OF DlSCH ARGE
3	LETTER  OF NOTIFICA T!ON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXH IBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING  OF PERSON AL  APPEARANCE

HEARING DATE	CASE NUMBER

21 Ju l 2005	FD-2004-00505
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Case heard at Wash ington, D.C.

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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.

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TO:	FROM;
SAF/MRBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCii,
AIR FORCE DISCHARGE  REVIE\\! BOARD
550 C STREET WEST, SUITE 40	1535 COMMA ND  OR, Ef. WING, JRO  FLOOR
RANDOLPH AFB, TX 781 50-4742	ANDREWS  AFB, MO 20762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2004-00505	

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 of the severity of the punishment when the civilian case against him was dismissed. The records indicated the applicant received a Letter of Reprimand for attacking an unarmed man and severely beating him. As the applicant was departing the scene of the fight, a passenger in his car, grabbed the applicant's gun and fired numerous shots indiscriminately into a crowd of innocent bystanders that had gathered. An innocent man was struck and killed by one of those bullets. Although the charges of murder where dropped against the applicant due to insufficient evidence to prosecute him, this serious offense is reason enough to discharge the applicant. 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