ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAI.) GRADE AFSN/SSAN
TYPE PERSONAL APPEARANCE xX RECORD REVIEW
COUNSEL: NAME-OF COUNSEIVAND OR'ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
~ ae VORHOF THEBORD:
HON GEN UOTHC OTHER DENY
x
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xF+
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ISSUES A01.00 UINARON NUVI, A67.30 EXHIBITS SUBMIT RED CO THE BOARD
A95.00 1] ORDER APPOINTING THE BOARID ree
2 |APPLICATION FOR REVIEW OF DISCHARGE
3. [LETTER OF NOTIFICATION
4 [BRIEF OF PERSONNELTILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
05 Aug 2010 FD-2009-00041
TAPRLICAND
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
|
DATE: 8/17/2010
ur
TO: FROM:
SAR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
SA F/MRBR weather a AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WKST, S$ E 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, F 150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-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 available service record.
The attached bricf 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. The applicant does
submit that he believes he deserves a second chance despite his discrepancies so that he may serve his
country in the Unites States Army. The record indicates the applicant assaulted two military members in a
civilian bar near an Air Force base. Both airmen suffered serious injuries as a result of applicant’s actions,
and the preponderance of the evidence showed that applicant committed the assaults. The 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 inequity to warrant an upgrade of the discharge. The characterization of and
reason for the discharge received by the applicant was found to be 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.
Attachment:
Examiner's Brief
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