AIR FORCE DISCIIARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
GRADE AFSN/SSAN
SRA C—O
TYPE GEN xX PERSONAL APPEARANCE RECORD REVIEW
: SEL) NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL
YES No
xX
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HON GEN UOTHC OTHER DENY
X*+
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xX *+ |
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| assues A92.36 INDEX NUMBER A67.30 ca ae i UXHIE OT : a :
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 TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE CASE NUMBER
13 Apr 2010 FD-2008-00354
F GA
pi ee He
Advise applicant of the decision of the Board.
Names and votes will be made available to the applicant at the applicant’s request,
* CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
Case heard via videoteleconference between Andrews AFB, Maryland and Robins AFB, Georgia on 13 April 2010.
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SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, FE WING, JRD FLOOR
ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00
(EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00354
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 appeared and testified before the Discharge Review Board (DRB), without counsel, via video
teleconference between Andrews AFB, Maryland and Robins AFB, Georgia on 13 April 2010.
The following additional exhibits were submitted at the hearing:
Exhibit #5: Applicant’s Contentions
Exhibits #6-8: Character reference letters
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The board grants the requested relief.
The Board finds that neither the evidence of record nor that provided by applicant substantiates an
impropriety that would justify a change of discharge. However, based upon the record and evidence
provided by applicant, the Board finds the applicant’s discharge characterization, RE code, and reason and
authority for discharge inequitable.
ISSUE: Applicant contends his discharge was inequitable because it was based on an isolated incident
during his otherwise good service. The applicant was discharged for commission of a serious offense based
on an incident that occurred on 1 December 2005. The applicant was pulled over by a Florida state trooper
and initially refused to pull over or exit his vehicle. The applicant finally left his vehicle and was
apprehended by the police officer. During the time he was in the car, the applicant recognized the police
officer from a previous occasion two months prior where he was stopped for speeding and the police officer
was very rude and intimidating. Based on this previous negative experience, the applicant called 911 while
in his car so that another police officer would come to the scene. The applicant ultimately pled no contest to
charges of resisting arrest, battery upon a police officer (based on the applicant’s window hitting the police
officer’s arm when he rolled up the window), and making a false 911 call. He was issued a letter of
reprimand by his unit for this incident. There were also several other minor disciplinary issues during the
applicant’s enlistment that were not used as the basis for the discharge but were used for characterization.
The Board felt that, on their face, the charges against the applicant certainly warranted a discharge for
commission of a serious offense. However, when the Board viewed the DVD recording of the incident, it
appeared much less serious than what was written on paper. The police officer had written a statement that
the applicant had tried to hit and kick him. The recording of the event showed this not to be the case.
Additionally, the Board felt the police officer used excessive force on the applicant. Though not excusing
the applicant’s conduct, the applicant appeared to be in genuine distress and seemed to genuinely fear the
police officer. The applicant also provided evidence of other disciplinary issues involving the police officer
which showed the police officer had previously engaged in unprofessional conduct on a number of
occasions. All of this evidence, combined with the applicant’s otherwise good service (as evidenced by his
previous “firewall” 5 EPR) convinced the Board that the applicant’s discharge was inequitable.
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 an Honorable discharge and the reason for the discharge is more
accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions
of Title 10, USC 1553.
Attachment:
Examiner's Brief
AF | DRB | CY2009 | FD2008-00192
Therefore, his request for upgrade was reviewed based upon the record and his submission. 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. In addition, the applicant received an LOR for test driving a Honda, informing the sales person that he would return the car at 1730 that evening.
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