AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM:OF SERVICE MJ.:MBER (LAST, FIRST MIDDI ,}: INITIAL)

GRADE	AFSN/SSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

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HON	GEN

x x
x

i  ISSUES

AOI .00 A95.00

111/lll!:X  NUMBER

A94.07

TO THE BOARD
AL EXHIBITS SUBMITTED AT TIME OF

ORDING OF PERSONAL APPEARANCE HEARJNG

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 A FBCMR.

Names and votes will be made available to the applicant at the appl icant's 

I

 	 	

Tfr

FROM

SRCRETAkY OF lHE AIR FORCE PERSONNEL COUNCIL
AIR  URC<; !>ISCHARGE Rio:vu;w HOAR[J 1535 COMMAND DR, EK WING, 3Rll t"LOOR ANDREWS AFB, Mll 20762-7001

AFHQ FORM 0-2077, JAN 00

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2009-00098	

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 avai lable pertinent data on the applicant and the factors leading to the discharge.

FINDING: 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.

ISSUE:

Issue 1. Applicant submitted no issues regarding the inequity or impropriety of his discharge. Applicant was accused of raping	and unlawfully entering a dormitory room with intent to commit a criminal offense. The applicant submitted to the Discharge Review Board a copy of the Article 32 Investigating Officer's Report dated April 7, 2008. That report recommended trial by general court martial of all charges and specifications. The Board notes that applicant req uested a Chapter 4 discharge in lieu of trial by court martial, a request that was granted. Therefore the Board finds no inequity or impropriety in the processing of the discharge and finds the characterization of service appropriate.

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 basis for upgrade of discharge and determines the discharge should remain unchanged.

Attaclunent: Examiner's Brief