TYPE GEN xX
fous
INDEX NUMBER
ISSUES
A94,11
A92.21
HEARING DATE CASE NUMBER
08 Dec 2009
ce S SSE AND.
ee
Case heard in Washington, D.C,
SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
PERSONAL APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
AFSN/SSAN
AIC
RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
A67.30
A61.00
FD-2008-00553
ORDER APPOINTING THE BOARD
fe [el bo |
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICATION
BRIEF OF PERSONNEL FILE
COUNSEL’S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
Advise applicant of the decision of the Board 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.
.
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD 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-2008-00553
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 attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at
Andrews AFB on 08 Dec 2009.
The following additional exhibits were submitted at the hearing:
Exhibit #6: Applicant’s Letters to the Discharge Review Board & Board of Corrections for Military
Records
Exhibit #7: Military Re-entry Codes
Exhibit #8: State of North Carolina Expungement Petition
Exhibit #9: Applicant’s Resume
Exhibit #10: Transcripts from UNC Pembroke and CCAF
Exhibit #11: Student Evaluation from Pembroke Social Work Program
Exhibit #12: Certificates of Recognition and Achievement (4 certificates)
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 are also denied.
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.
ISSUES: The applicant contends discharge was inequitable based on the following reasons below.
Issue 1, Applicant contends his discharge should be upgraded based upon his post service conduct. The
DRB was pleased to see that the applicant was doing well and successfully raised two daughters. 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.
Issue 2. Applicant contends his commander’s actions in discharging him were arbitrary and capricious. The
applicant stated that while deployed to Germany, he made borderline insubordinate comments to his
commander regarding his commander’s decision to send him home based on perceived inadequacy of his
childcare arrangements. The applicant stated that from that point forward, the commander sought to punish
him and discharge him from the Air Force. The DRB concluded that the applicant did not seem to fully
appreciate that he had a court-martial conviction for assaulting his ex-wife, a civilian conviction for
communicating a threat to his ex-girlfriend, and an Article 15 for violating a no contact order. The DRB
concluded that the only reasonable course of action for the applicant’s commander, based on the applicant’s
disciplinary history, was to seek the applicant’s discharge. This was especially true as the applicant’s
conviction was based on domestic violence. The applicant had full opportunity to present his case to a
discharge board and the discharge board ultimately concluded the applicant should be discharged with a
general service characterization. Based upon the applicant’s history, the DRB felt the applicant was
fortunate to get so favorable a discharge characterization. The DRB found no inequity or impropriety in the
applicant’s commander’s actions.
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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