AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN
x RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL
HON GEN UOTHC OTHER DENY
x
Xx
x
x
xX
ISSUES A0LA3 INDEX NUMBER cc RXHIBETS, BME :
A92,21 1 |ORDER APPOINTING THE BOARD
A94,55 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
06 Jul 2010 FD-2009-00183
VIEW BOARD
Teuk: TACHED AIR, FORCE DISCHARGE:
Fae
DECISIONAL, R 1 he
eis
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 Lhe AFBCMR.
Names and votes will be made available to the applicant at the applicant’s request.
INDUKSEMEAT _ — ae DATE: 7/6/2010
Ei o 7 2
| TO: FROM:
CAL SECRETARY OF THE AIR FORCE PERSONNEL COUNCUL
DR RIMIRBR, . . i. . ALR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, IRD FLOOR
RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001
AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous
CASE NUMBER
ATR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2009-00183
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 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:
Issue 1. Applicant contends his discharge was inequitable because the record does not support the basis for
sane. The applicant submits the charges against him were based on false statements made by his wife in the
midst of their divorce. The records indicate one charge and specification of rape (a violation of Article 120,
UCM5) and one charge with two specifications of battery (violations of Article 128, UCMJ) were preferred
against the applicant on 5 January 2001. These charges were based on allegations by the applicant’s
estranged wife that he had raped her on one occasion in July 2000, struck her on numerous occasions
between January and March 1998, and attempted to choke her in March or April 1999, The charges
preferred against the applicant carried a maximum punishment of life in prison and a dishonorable discharge.
On 10 January 2001, an Article 32 Investigation was convened. On 31 January 2001, the applicant requested
a discharge in lieu of court-martial IAW Chapter 4, AFI 36-3208, Administrative Separation of Airmen
(Chapter 4 Request). In his request, the applicant explained that he understood the ramifications of his
Chapter 4 Request, and had consulted with counsel. He further elaborated that he had made some mistakes,
but believed a Chapter 4 discharge would benefit all parties involved. Specifically, the applicant explained,
he would not be able to provide financially for wife and child if he received a federal conviction and he
would “hate to see Holly or Dakota suffer financially for my own actions.” The applicant now contends that
he regrets requesting to be discharged with a UOTHC discharge in lieu of proceeding to his court-martial
and fighting the charges against him. The DRB opined that the applicant’s decision to request an UOTHC
discharge in lieu of proceeding to a court-martial was an informed decision based on a thorough assessment
of the evidence against him. The applicant has submitted no new evidence to the Board that was unavailable
for his consideration at the time he submitted his Chapter 4 request, and which might have affected the
choices he made at the time. The Board concluded the applicant made a conscious and knowing decision to
request a UOTHC discharge in lieu of court-martial after receiving advice from legal counsel. After a
careful review of the applicant’s personnel file, the Board found no improprieties or inequities in the
processing of the applicant’s discharge and determined that the applicant’s misconduct was a significant
departure from conduct expected of all military members. The characterization of the discharge received by
the applicant was found to be appropriate.
Issue 2. Applicant further states that his discharge did not take into account the good things he did while in
the service and does not reflect his subsequent post-service contributions to the community. The DRB took
note of the applicant's duty performance as documented by his performance reports, letters of
recommendation and other accomplishments. The DRB was pleased to see that the applicant was doing well
and has applied himself to serving his community in times of crisis. However, it found the seriousness of the
willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the
discharge was appropriate for the reasons which were the basis for this case.
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
AF | DRB | CY2009 | FD2008-00152
SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 AFHQ FORM 0-2077, JAN 00 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00152 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...
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