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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST J\.UDDLE INITIAL)

GRADE	AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEi..

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_ ,,ii_,

(b) (6)

MEl\IIBER SITTING

HON	GEN	UOTHC	OTHER

DENY

X*+

X*+

X*+

ISSUES

A94.53

INDEX NUMBER

A67.30

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMJTTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE  HEARJNG

HEARING DAT£	CASE NUMBER

26 Jan 2012	FD-2010-00346

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 wiJI be made available to the applicant at the applicant's request.

*Narrative Reason and Authority
+RE Code

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OFlltEAIR FORCE PERSONNEL COUNCIL
/\JR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, Et WING, 3RD FLOOR ANDREWSAFB, MD 20762-7001

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

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2010-00346	

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 available service record.

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

FINDING:   The request for the upgrade of the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied.

ISSUE: Applicant received a General discharge for Misconduct - Commission of a Serious Offense

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he would like a second chance despite his discrepancies so that he may serve his country in the Unites States Army.  The record indicates the applicant was convicted under a Summary Court Martial.  He was found guilty of unlawfully restraining another individual with his body.  The Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

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.

Attachment: Examiner's Brief