ATR FORCE DISCHARGE  REVIEW BOARD HEARING  RECORD
GRADE	AFSN/SSAN

X	RECORD   REVIEW
AUllRl!S ANO 0!! ORGAN ILA TION OF COUNSEL

HON	GEN	lJOTHC

OTHER

DENY

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X*+ X*+

X*+ X*+

ISSUES

AOl.00 A95.00

A67.30

1 ORDER APPOINTING THE ROARD
•	2   APPLICATION FOR REVIEW Of DISCJIARUl
3 LETT-E-R--·O·-f··N-O--T-l-flCA TION ------------!
4 HRIEF or PJ3RSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEAR A NCE
RECORDING OF PERSONAL APPEARANCE HEAR1NG

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                                  CASE NlJMHr:R

05 Aug 2010	FD-2009-00041

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 AFBCMR.

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

*Reason and Authority
+Reenlistment  Code

TO:

FR<lM:

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND OR, EE WING, jRO  FLOOR ANDREWS Afll, MO 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASl': NUMBF.R

FD-2009-00041	

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 and requests that the review be completed based on the avai lable 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, change of reason and authority for discharge, and change of reenlistment code.

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.

ISSUE:

Applicant submitted no issues regarding the inequity or impropriety of his discharge.	applicant does submit that he believes he deserves a second chance despite his discrepancies so that he may serve his country i n the U nites States Army.  The record indicates the applicant assaulted two military members in a civilian bar near an Air Force base.  Both airmen su11ered serious injuries as a result of applicant's actions, and the preponderance of the evidence showed that applicant committed the assaults.	Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance and formed a legally sufficient basis for the discharge.  The Board reviewed the entire record and found no evidence of impropriety or inequ ity to warrant an upgrade of the discharge.  The characterization of and reason for the discharge received by the applicant was fotmd to be appropriate.

CONCLUSION:    The  Discharge  Review  Board  concludes  that  the  discharge  was	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 fmihcr concludes that there exists no legal or equitable basi s for upgrade of discharge and determines the discharge should remai n unchanged.

Attachment: Examiner's Brief