NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
GRADE AFSN/SSAN
TYPE UOTHC|X PERSONAL APPEARANCE
RECORD REVIEW
NAME OF COUNSEL AND OR ORGANIZATION
WILLIAM E CASSARA
ADDRESS AND OR ORGANIZATION OF COUNSEL
Box 2688 Evans GA 30809
MEMBER SITTING
OTHER DENY
UOTHC
INDEX NUMBER
‘SSUES A02.28 A80.00
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
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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
CASE NUMBER
HEARING DATE
23 Aug 2012
FD-2010-00355
*Narrative Reason
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SAF/MRBR
$50 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742
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.
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FROM:
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SECRETARY OF THE AJR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7061
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
CASE NUMBER
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 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 (DRB) with counsel, Mr. William
Cassara, 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 Airman B.Z., 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
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