AIR FORCR rm::i::::HARG E REVIEW BOARD HEARING RECORD

INITIAL)	GRADE

SRA

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TYPE UOTll	I	
COUNSEL	
NAME OF C	
YES	No		
	x		

PERSONAL   APPEARA NCE	x	I	RECORD   REVIEW	 	
OUNSEL AN[) OR ORGANIZATION	AllllRESS  AN[) OR ORGANIZATION  OF COUNSEL

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VOTE OF HIE BOARD

M E MBER SITTING

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llON	<JEN	UOTHC	OTHER	DEN Y
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X+*

X+*
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X+*

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X+*

X+*

ISSUES	A92.01	INDEX NliMJlER	A94.07	...·	JllXHIBITS SUJJ_JyllTfED l!Q lJl:·..BOARQ\.', ...
A92.03	I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE	_,_, 	
3	LETTER OF NOTIFICATION  -·-
4	8RIEF OF PERSONNEL FI LI-'
COUNSEL'S RELEASE TO TllE BOAR D	 	 ADDITIONAL   EXH IBITS SUBMITTED AT TIME OF		-·-
PERSONAL APPEARANCE
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TAPE RECORDING OF PERSONAL APPEARANCE
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HEARING DATE	CASE  NllMBl:R

14 Feb 2006	FD-2005-00329
APPIJCANT'S ISSUE AND THE llOARD'S DECISIONAL RATIONAL ARE D!SCUSSED ON THE ATTACHED AJR F()Rill);,DISCHARGE Rll\llEiW BOARD DECISIONl\,L.RATIONAfE	.·..
'	.	..	. .	.
Case heard at Wash ington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel , and the right to submit an appl ication to the AFBCMR.

Names  and  votes w i ll be made available to the applicant at the applicant's req uest.

+ RE CODE
* REASON AND AUTHORITY
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I

 	INt;)RSEM.ENT		DATEf  2/f1/2006	 	
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TOo	FROM:
SAFIMRBR	SECRETARY OF THE AIR f'ORCE rERSONN L COUNCIL

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AIR FORCE [)JSCHARGE REVll:W  BOARO
550 C STREET WEST, SUITE 40	1535 COMMAND DR, LE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, Mil 20762-7002
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AFHQ  FORM  0-2077, JAN  00	(EF-V2)	Previous edition wi II be used

AIR FORCE DISCHARGE REVIEW BOAR D DECISIONAL RATIONALE	CASE NUl\IBEH

FD-2005-00329	

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 (DRB) but declined to exercise this right.

The attached brief contains available pertinent data on the appl icant 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.

ISSUES:

1.	. Applicant contends discharge was inequitable because he claims that he did not commit the offense.  The records indicated that the appl icant had court martial charges preferred for indecent assault on a female service member.  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 recei ved by the appl icant 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 appl icant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The DRB recognized the fact that the appl icant had serve nine years total service before the discharge was initiated, but concluded the applica nt's misconduct outweighed the posit ive aspects of his time in the Air Force.

3.	The applicant contends that he had an Honorable discharge.  The member's DD 214, Certificate of Release or Discharge from Active Duty, shows the character of service as "Under Other Than Honorable Conditions, Triable by Court Martial."  The applicant submitted a DD 256, Certificate of Honorable	
Discharge as proof that his discharge was Honorable.  The Board reviewed the member's service record to
include discharge papers signed by the applicant's commander stating that he would receive an administrative discharge "Under Other Than Honorable Cond itions" in l ieu of court martial.  The DRB concluded that the military personnel flight issued the DD 256 in error and that the DD 214 is correct.

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 foll administrative due process.

In view of the foregoing findi ngs the Board further concludes that there exists no l egal or equitable basis for upgrade of discharge, thus the appl icant's discharge should not be changed.

Attachment: Examiner's Brief