AIR FORCE DISCHARGE  REVIEW BOARD H EARING RECORD
NAME OF SERVICF MFMRF.R II A<\T_  FIRST MHH>J .F I NITIAL)	GRADF	. -  . - .	I

TYPE  UOTH	_l	x	I

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PERSONAL  APPEARANCE	RECORD  REVIEW
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COUNSEL	NAME OF COUNSl':L AND OR ORGANIZATION	ADDRESS ANU OR ORGANIZATION  o·COUNSEL

YES	No

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VOTE OF THE BOARD

MEMBER  SITTIN G

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HON	GEN	lJOTHC	OTHER	DEN Y
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ISSUES	A92.02	INDEX NUMBER	A94.07	E)(HIBITS SUBMJ'.(;IED TO TUE BOARD ------
A02. 15	I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF rnSCHARGE	··---
3	 LETTER  OF NOTIFICATION 	
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4	URJ EF OF PERSONNEL FILE
COUNSEL'S RELEASE TO Tl IE BOARD    	
ADDITIC>NAL EXl llBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

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HEARING  DATE	CASF. NUMBER

13 Feb 2006	FD-2005-00262

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TAPE R ECOR DING OF PERSON AL APPEARANCE

APPLICANT'S ISSUE AND THE BOARD'S ))f.CISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR }'o)l.CE DISCliARGE REVIEW BOARD IJff lS!ONAL RATIONALE
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Case heard at Wash ington, D.C.

Advise appl icant of the decision of the Board, the right to a persona l appearance wi th/without counsel , and the right to submit an appl ication to the AFBCMR.

N ames and votes wil l be made avai lable to the applicant  at the appl icant's req uest.

+ RE Code
* Reason and Authority
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INDORSEMENT					D;\]l;: 21151201/6 	
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TO:	FROM:
SAF/MRBR	SECRETARY OF THE AIR t'ORCE  PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIF.W BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND  DR, EE  WING, 3RD Fl.OOR
RANDOLPH AFB. TX 78 I 50A742	ANDRF.WS  At'B,  MD  20762-7002
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AFHQ FORM 0:2077, .JAN 00	(EF-V2)	Previous ed ition wi ll be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00262	

GENERAL:  The applicant appeals for upgrade of discharge to honorable general and to change the reason and authority for the discharge, and to change the reenlistment code.

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  and  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are denied.

The Board  finds that neither  the evidence  of record  nor  that  provided  by  the  appl icant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUES:

1.	Applicant contends discharge was inequitable because he was falsely accused of rape.  The records indicated the applicant received three Letters of Reprimand and two Letters of Counseling for misconduct. The misconduct included lost government identification card, two counts of breaking Phase 1, lying to a commissioned officer, dereliction of duty, failure to go and unauthorized absence from duty section.  The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior.  The records also indicated that the applicant had court martial charges preferred for rape. The applicant asked to be discharged in lieu of trial by court martial.  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.

2.	Applicant states that his discharge did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his performance report and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The majority of Board members 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 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