AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

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CAPT

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TYPE GEN

PERSONAL  APPEARANCE	x	RECORD REVIEW

l- COl"JfN_' StJ. -1 NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

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HON

GEN

UOTHC

OTHER	DENY
x x x x
x

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ISSUES

A94.05

INDEX NUMBER

A67.30

I	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTI FICATION
4		BRIEF OF PERSONNEL FILE COUNSEL'S R ELEASE TO THE BOARD
ADDITIONAL  EXHIBIT	URMIT 'E:D AT TIME OF
PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASE  NllMBER

27 Apr 2007	FD-2006-00206

Case heard i n 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.

------------------------------- .r.>.--------------------------------------------------------------------------------- ·,;--

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY Of THE AIR FORCE PERSONNEL COUNCJI. AIR FORCE OISCHARGE 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 NUMBt:R

FD-2006-00206	

GENERAL:  The applicant appeals for upgrade of his 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 states that his discharge did not take into account the good things he did while in the service, so his discharge should be characterized as honorable, not merely as under honorable conditions (general). The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  Upon review, the Board found the seriousness of the applicant's willful misconduct with an Air Force NCO's wife to include: 1) violating a no contact order on divers occasions over a 10 month period, 2) committing adultery, 3) communicating details concerning
official personnel matters involving other Air Force members, and 4) unlawfully assaulting and battering this same female by grabbing her around the waist and forcing her on the bed, moving her up against the wall
and kissing her mouth and face, placing his body on top of hers and holding her arms over her head with his hands), all combined to more than offset the positive aspects to the applicant's duty performance.  The Board noted the applicant received two nonjudicial punishment actions (September 2004 & June 2005) regarding the criminal activity described above.  AdditionaJly, the Board noted that the applicant waived his right to a board of inquiry on the express condition that he receive no less than a general discharge. Based on a full review of all information in the file, the Board 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