AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
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TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
ca GOUNSE iat NAME OF COUNSEL AND OR ORGANIZATION — ADDRESS AND OR ORGANIZATION OF COUNSEL.
HON GEN UOTHC OTHER DENY
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ISSUES A94.53 “INDEX NUMMER A67.50 EN TR LEsSUB Vil EL oa or
1 [ORDER APPOINTING THE BOARD
2. | APPLICATION FOR REVIEW OF DISCHARGE
3 |LETTER OF NOTIFICATION
4 |BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIMEQF ”
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
20 Aug 2009 FD-2008-00383
GEATIONALE ARE
hte
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.
SATF/MRBR ‘ SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL.
ve ae wre AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1435 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, IX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00383
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.
FINDINGS: The Board denies the upgrade of the discharge.
The Board finds the applicant submitted no issues contesting the equity or propricty 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 15s 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 forces—
specifically yelling obscenities toward military police in performance of their duties, urinating in public,
damaging 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 2] 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 be the basis for an upgrade to the characterization. An inequity 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 GENERAL discharge characterization in accordance with
Air Force policies and the conduct 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 proccss.
In 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
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