AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
ITIAL)	I
I

TYPE GEN	x	PERSONAL  APPEARANCE	RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x

MEMBER SITTING

HON

x x x
x

GEN

UOTHC

OTHER

DENY

·-	x

ISSUES

A94.06 A92.22 A93. 10 A93.08

INDEX NUMBER	A67.05

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 SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARING  DATE	CASE NUMBER

09 Jun 2005	FD-2005-00057

Case heard at Washington, D.C.

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

TO:	FROM:
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, 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-2005-00057	

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

The applicant appeared and testified before the Discharge Review  Board (DRB), without counsel, at Andrews AFB on 09 Jun 2005.

The following additional exhibits were submitted at the hearing:.	. .
Exhibit #6: A 19 May 2005 email message from Mrffering the applicant a job.       The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDINGS: Upgrade of discharge to Honorable is approved, with no change ofreenlistment code.
The Board found through evidence of record and that provided by applicant, an impropriety that justifies a change of discharge.

ISSUE: The applicant's implicit main issue is that his discharge was too harsh, in that it was based upon interpersonal relations problems he experienced with his former live-in female partner. The applicant also cited that he was "a complete asset" to his squadron and performed his [military] duties "to the best of [his] abilities at all times." The records indicated the applicant received two Article 15s for twice unlawfully pushing and striking his fiance, on or about 9 October 1994, and again on or about 11 December 1994. While the DRB does not condone the striking of any female by a male partner, particularly when there are height and weight disparities as in this case, the DRB noted substantial evidence of inappropriate provocation by the victim for the events occurring on or about 11 December 1994. The DRB lauds the applicant's self-referral for counseling and anger management following the latter incident. However, the DRB was led to believe that more timely counseling or intervention, directed by the applicant's supervisory chain, could have abated or prevented the incidents leading to the applicant's ultimate discharge. The DRB's position is supported by evidence of a supervisory awareness of the member's behavior problems, based upon the markdown on the applicant's EPR for "conduct on and off-duty," covering a period well in advance of the specific events resulting in his discharge. Additionally, although the discharge authority operated within its rights when introducing the member's second Article 15, the Board found that reaching back to convert an October 1994 incident (which went without action during the member's deployment) into a career-ending Article 15, rendered on or about 9 March 1995, well after the applicant's return, raises some question of fairness to the member.

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.

However, after collectively considering all available facts and circumstances in the applicant's case, the DRB concluded that his military service should be characterized as Honorable.

Attachment: Examiner's Brief