AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
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iL PERSONAL APPEARANCE X RECORD REVIEW
| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
AFSN/SSAN
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MEMBER SITTING HON GEN uoTHC | OTHER DENY
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ISSUES 4.935 INDEX NUMBER A94.07 ee oy (ESHABITS SUBMITTED TO THE
A94.05 1 JORDER 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 TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER :
25 May 2010 FD-2009-00079
“APRLTGANTSS SUE AND TALE BOAR
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.
SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
: Scene. AIR FORCE DISCHARGE REVIEW BOARD
530 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFR, TX 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-2009-00079
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.
FINDING: The Board denies the upgrade of the discharge.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an
inequity or impropriety that would justify a change of discharge.
ISSUE:
Issue 1. Applicant contends discharge was inequitable because it was too harsh and based on one isolated
incident after 30 months of service. The records indicated the applicant received an Under Other Than
Honorable Conditions discharge in licu of a trial by court martial for the charge of rape. The Board
concluded the applicant’s misconduct was a significant departure from conduct expected of all military
members. The characterization of the discharge received by the applicant was found to be appropriate.
Issue 2. Applicant states that his discharge did not take into account the good things he did while in the
service. The DRB took note of the applicant's duty performance as documented by his performance reports,
letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct
offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was
appropriate for the reasons which were the basis for this case.
Issue 3. The DRB was pleased to see that the applicant was doing well and has a good job. However, no
inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board
concluded the misconduct of the applicant appropriately characterized his term of service.
The Board highly recommends that if the applicant can provide additional documented information to
substantiate his issue(s), that he should consider exercising his right to make a personal appearance before
the Board. If the applicant chooses to exercise this right, he should be prepared to provide the DRB with
factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any
contributions to the community.
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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