AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AKSN/SSAN
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TYPE GEN PERSONAL APPEARANCE xX RECORD REVIEW
QQUNSERAMAE| Name OF COUNSEL ANDORORGANIZATION, = ADDRESS AND OR ORGANIZATION OF COUNSEL aT
HON GEN UOTHC | OTHER DENY
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S °A93.01 A67.90 7
A94,05 1 [ORDER APPOINTING THE BOARD
2. | APPLICATION FOR REVIEW OF DISCHARGE
3 [LETTER OF NOTIFICATION
4 [BRIEF OFPERSONNEL 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
20 Aug 2009 FD-2008-00419
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.
nt Code are denied
7 Coe
TO:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7001
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00419
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 brief contains
available pertinent data on the applicant and the factors leading to the discharge.
FINDINGS: 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 propricty of the discharge, and
aller a thorough review of the record, the Board was unable to identify any that would justily a change of
discharge. ‘he record indicated the applicant received the following corrective action:
1. Two (2) Article 15 for sleeping on post (Article 113, UCMJ)/false official statement (Article 107,
UCM5J) and cruelty/maltreatment (two counts) (Article 93, UCMJ).
2. One (1) Letter of Reprimand for entering a Charleston AFB residence, pursuing an 18-year old
dependent and committing adultery with her.
ISSUES:
Issue 1. Applicant contends poor judgment was the cause of the discharge and the characterization should
have been honorable. The Board concurs with the assessment of poor judgment but determined the general
discharge characterization was very appropriate. The Board considered the nature and severity of the
misconduct and opined that command acted in the best interest of the Air Force according to established
policies, guidelines and expected behavior of all Airmen. The misconduct was well beyond “poor
judgment”. No inequity or impropriety could be found during a thorough review of the record. The
discharge was found to be appropriate.
Issue 2. Applicant contends no rehabilitation was offered after receiving corrective action. In this case, the
rehabilitation came in the form of administrative actions with intent to allow the individual to correct the
unacceptable behavior. The applicant didn’t correct the behavior and was subsequently discharged for the
offenses. Furthermore, in such cases, rehabilitation potential must be determined by the command and is not
a guarantee. The Board found the egregious nature of the offenses and continued poor choices warranted
discharge and a general characterization.
CONCLUSIONS: 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 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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