AI R FORCE DISCH A RGE REVIEW BOARD HEARING RECORD

.

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN

i-------------------------------------- .
:	:

SRA

 -.---------------·.'  	
'	'

r---=-----------T-'---"---"-----"-f---------------- ·

-+-  .---	_,

.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ,

----<

TYPE UOTI-1

I	PERSONAL     APPEARANCE	x	I

RECORD REVIEW

COUNSEL	NAME OF COUNSEL AND OR ORGANIZA n!JN 1-  .......   ---l
YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

VOTE OF THE BOARD

MEMBER SITTING

HON	GEN	UOTHC

OTllFR	DENY

x

AOl.01

INDEX NUMllER

A61.00

x
x x x
EXH I BITS SUBMITTED TO THE BOARD
]	OR fWR A PPOI NTI NO TH E BOA RD
2	APl'Lf CATf ON FOR R EVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL I'ILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TI M E OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

IJ>ARING DATE	CASE NUMBER

22 l<'eb 2007	FD-2006-00254
APPi.i(' ANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON TIIE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

Case heard in 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 APBC M R

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

lm -0..- _..:'/. - - - - - - - - - - - -4"1- - - - - - - - - - - - - _ c-::::.._ - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - -- - - - -- - -- - -- - -- ----------
'....·
''
'' '
JNDORSl<:MICNT	DA 21261ioo1

TO:	FROM:
SAr/M RBR
550 C STREET WEST, SUITE 40 RAN DOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE Pld .SONNF.J. COUNCIL
AIR t'ORCI; DISCH AN.GI: l<l:Vll:W H(JAKll 1535 COMMAND DR, EE WING, JRD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ I<'ORM 0-2077, JAN 00

(EF-V2)

Previous edition wi ll be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2006-00254	

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

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.

ISSUES:

The applicant contends that his discharge was improper because he was discharged prior to his civilian conviction.  The record indicates the applicant was arrested for murder and two counts of attempted murder. An administrative discharge board was held to determine if there was a basis for separation, whether the applicant shoul d be discharged, what characterization should be given and if probation and rehabilitation were appropriate.  The administrative board found the applicant had committed a serious offense and that a punitive discharge would have been authorized for the same or closely related offense in the Manual for Courts Martial.  The administrative board recommended he be separated with an Under Other Than Honorable Conditions discharge.  After review of the record, the DRS Board found the applicant's issue to be without merit and concluded the misconduct was a significant departure from conduct expected of all military members.  The Board determined the applicant's misconduct was severe enough to warrant his discharge and the characterization of the discharge was appropriate.

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