AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

PERSONAL APPEARANCE
NAME OFCOUNSEL AND Oil OllGANIZATION
(b) (6)

MEMBER SIITING

RECORD REVIEW
ADDIU:SS AND Oil OllGANIZATION OFCOUNSEL
(b) (6)

 	·
HON	GEN	UOTHC	OTHER	DENY
x	*
x	*
x	*
x	*
x	*

ISSUES

A02.28

INDEX NUMBEll

A80.00	·'X  .
ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETIER OF NOTIFICAHON
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA NCE HEARING

Hl!AlUNG DATE	CASE NUMBER

23 Aug2012	FD-2010-00355

Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

Names and votes wit be made available to the applicant at the applicant's request.

*Narrative Reason

AFHQ FORM 0-2077, JAN 00

(EF-V2)	Previous

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2010-00355	
GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge.

The applicant appeared and testified before the Discharge Review Board (ORB) with counsel,(b) (6)
(b) (6)    at Andrews AFB on 23 Aug 2012.

The following additional exhibit was submitted at the hearing: Exhibit #5: Character reference letters

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 to honorable and the change of reason and authority for discharge; however, the Board approves upgrade of discharge to general.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. The Board does find evidence in the record to substantiate an inequity that would justify a change in the discharge. Therefore, for the reasons specified below, the Board grants the upgrade of the applicant's discharge.

ISSUE: Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for Misconduct -Unacceptable Conduct.

Applicant contends his discharge was inequitable because the recommendation for discharge was a General discharge by those that knew him and was changed without reason by the Secretary of the Air Force. He appeals to the Board for an upgrade to honorable based on this inequity. The record indicates the applicant was investigated for fraternization with (b) (6)	. an airman in his squadron. He subsequently married her and applied for a resignation in lieu of discharge which was denied. A Board of Inquiry (BOI) was convened and recommended a General discharge, however, the board's recommendation was found to be invalid due to the BOI being convened improperly. The applicant had already moved and had started a new civilian job when notified of this impropriety. He states he chose to tender his resignation rather than meet another Board to prevent jeopardizing his new job. The record shows the applicant's case was reviewed at the Air Force Review Boards Agency where the Board voted to discharge with a General discharge. The Secretary of the Air Force disapproved this finding and the applicant was ultimately discharged with a UOTHC. After hearing applicant's compelling testimony and reviewing the entire record, the DRB finds the UOTHC characterization too harsh and determines an upgrade to a General discharge is warranted based on inequity. The DRB opines the narrative reason for discharge is correct for the reasons cited in the record because the applicant did have sexual relations with an enlisted member who was under his authority.

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.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by a discharge Under honorable Conditions (General) and the reason and authority for the discharge should remain unchanged.

Attachment: Examiner's Brief