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TYPE  GEN	PERSONAL  APPEARANCE	x	RECORD  REVIEW
-	.- -··-·- ---
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YES	No
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ISSl!F.S	A92.35	INDEX  Nl!MJJER	A67.30	•·  /;: .J;µfJJ,ll'.t' SljBMITIED TO TIW'.!P:imJI+?'' _'.;;><. ,,
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER  OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE

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COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL  EXHIBITS  SUBM ITTED AT TIME Of PERSONAL  APPEARANCE

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HEARING DATF.	CASE NVMRER

13 Feb 2006	FD-2005-00303

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TAPE RECORDING OF PERSONAL APPEARANCE

APPLICANT'S ISSUE ANl)TH BO.·pliCJSi()liA!;; _RAtlONAL ARE DISCUSSED ON THE Al7fl:l	Sf ()t$CHAllGE   VIEW BOAJ!J)J)ECl !:l TIONALE  •• • ;;Jji(\ .\·::'t;l ( ,·:<.
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.

+ RE Code

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'JO:	FROM:
SAF/MRBR	SECRETARY 01' THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND DR, EE WING, 3RJ) Fl-OOR

RANDOLPH  AFB, TX 78150-4742	ANDREWS Al'B, MD l0762-7002

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2005-00303	

GENERAL: The applicant appeals for upgrade of discharge to honorable, 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 (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: Upgrade of discharge, 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 applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: Applicant contends discharge was inequitable because it was based on one isolated incident in 27 months of service with no other adverse actions. The records indicated the applicant was found guilty by a General Court Marti al of assault consummated by a battery upon his four year-old stepson. Although the applicant contends he was wrestling and this incident was unintentional he was found guilty. The applicant was sentenced to confinement for 179 days. 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 proced ural 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