ATR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
PERSONAL APPEARANCE x RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
— ~ e VOTE OF THEBOARD
HON GEN UOTHC OTHER DENY
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ISSUES AQI .00 INDEX NUMBER A94.07
A95.00 1_|ORDER APPOINTING THE BOARD oe
20 APPLICATION FOR REVIEW OF DISCHARGE
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[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
05 Aug 2010 FD-2009-00098
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APPLICANT “SISSUE aNoT REDOARD'S DECISIONAL:
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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.
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
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550 C STREEF1 ‘Fl, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB/T X 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-2009-00098
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 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 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 AIC KLC 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 requested 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.
Attachment:
Examiner's Brief
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