AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

SRA

X

RECORD REVIEW

ADDRESS ANO OR ORGANl7.ATION tit" COUNSt;L

VOTEOFTHKBOARD

l!ON

GEN

UOTHC	OTHER

DENY

x x x
x
x

JSSLIES

A92.03
A94.05

INDEX NUMBER

A67.30

ICXHJBITS StJ	T   "
ORDER APPOJNTfNG THE BOARD
2  APPLICATION FOR R EVIEW OF DISCHARGE
3	I .ETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL rl LE COUNSEL'S RELEASE TO TJ J E HOARD
ADDITIONAL EXHIBITS SUBMITTED AT TI M E OF PERSONAL  APPEARANCE
TAPE RECOKIJING OF PERSONAL APPEARA NCE I IEA RING

HEARING DAT!':

01 Dec 2009

FD-2008-00404

applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an to the A FBCMR.

and votes wi l l be made avai lable to the applicant at the appl icant's request	

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AHl_ TX 781 50-4742	
SECRETARY OF TIIE AIR FORn:n:RSONNEL COUNCIL AIR JiORCE DISCHARGE REVIEW l!OARll
1535 COMMAND IJR, F,l; WING, 3RD FLOOR ANDREWS AF!!, MU Zll76Z-700l	

AFUQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE Nl!MBER

FD-2008-00404	

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

The applicant was offered a personal  appearance before the Discharge 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. FINDING:  The Board denies the upgrade of the discharge.
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:

1 . Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh.  llc has expressed his desire to have his discharge upgraded so that he may be eligible to reenlist into the armed forces.  The records indicated the appl icant received a Letter of Reprimand for being involved in a domestic violence incident with his girlfriend.  He was charged with one count of 3rd degree assault, one count of strangulation and was incarcerated.  The Board concluded that the negative aspects of the
applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  Applicant states that his discharge did not take into account the good things he did while in the  The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation  and other accomplishments.  They found the seriousness of the willful misconduct any positive aspects of the applicant's duty performance.  The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.

CONCLUSION: 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 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	 for upgrade of discharge and detem1ines the discharge should remain unchanged.

Attachment: Examiner's Brief