AIR FORCE DISCHARGE  REVIEW BOARD HEARJNG  RECORD
GRADE	AFSN/SSAN

·--·.	iii:.'  NAME o·COUNSJ::L AND OR ORGANIZATION
YES	No
x

AB
X	RECORD  REVIEW
ADDRESS AND OR ORGANIZATION Ot' COllNSf.'.I.

HON	GEN	UOTHC

OTHER

DENY

x
x
x

ISSUES

A94.S3

.INDEX NUMHE'R

A67.50

1 ORDER APPOI NTJ NG THE BOARD
-	-!
2  APPLICATION HJR REYmW OF DISC! IARGE
3 LETTER OF NOT!F!CAT!ON
4  BR!EF OF
COUNSEL'S RELEASE TO THE BOA RD
ADDITIONAL EXI llHITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDI NG OF PERSONAL APPEARANCE

HEARI NG DATE

CASE Nt;rnER

20 Aug 2009

Case heard in Washington, 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 application to the A FBCMR.

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

--

TO:

SAl'/MRHR
550 C STREET WEST, SUITE 40 RANDOLi'! !Al'H, TX 78150-4742

SECRETARY OF Ill!:: AIR t'ORCJ:: Pt:RSONNEL COUNCii.
AIR FORCE DISCHARGE  REVIEW BOARD 1535 COMMAND DR, EE WINC. 3RD FLOOR ANDREWS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2008-00383	

GEN ERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the	Review Board (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: The Board denies the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

The record indicates the applicant received corrective action:
Two (2) Article l Ss for 1) assault--specifically striking a local. national at a bar and a specialist executing military police duties, drunk and disorderly conduct bringing discredit upon the armed forccs­ specifically yelling obscenities toward military police in performance of their duties, urinating in public, dan1aging property by pulling on/striking/kicking inside of local taxi cab, and communicating a threat; and 2) wrongfully use with intent to deceive another's military identification card to gain entry into an over 21 establishment

ISSUES:

Applicant submitted no issues regarding the inequity or impropriety of his/her discharge. The applicant does submit that he has matured over the years and would like to return to school to make a better life for his two children. Although the Board considers all aspects of an applicant's service and post-service conduct, these alone cannot  the basis for an upgrade to the characterization.  An i nequity or impropriety must be evident in the administrative actions taken at the time of discharge. After thorough review of the record, The Board found the severity of the misconduct warranted a GEN ERA L discharge characterization in accordance with Air Force policies and the cond uct expected of all Airmen. The Board concluded that 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.

I n 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