Search Decisions

Decision Text

AF | DRB | CY2010 | FD-2010-00355
Original file (FD-2010-00355.pdf) Auto-classification: Denied
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

 

Biwi je

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

 

porate iia ememare ms nee

z
}
L

pS tone en a NN Ae
lapiatennanienes one TETENII

 
 

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.

|

 

FROM:

 

ameter nyrenrtautsicantetRNt Nice

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

Similar Decisions

  • AF | DRB | CY2015 | FD-2014-00355

    Original file (FD-2014-00355.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforanupgradetoherdischargetoHonorable,achangetothenarrativereasonandachangetothereenlistmentcode. Theapplicantwasofferedapersonalappearance beforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbe completedbasedonthe availableservice record. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleading to thedischarge.

  • AF | DRB | CY2010 | FD-2008-00394

    Original file (FD-2008-00394.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN X PERSONAL APPEARANCE RECORD REVIEW : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL [ _ VOTE OF THE BOARD HON GEN UOTHC OTHER DENY ISSUES A92.01 INDEX NUMBER A67.10 sae A92.15 1 |ORDER APPOINTING THE BOARD A95.00 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...

  • AF | DRB | CY2010 | FD-2008-00465

    Original file (FD-2008-00465.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN a ‘ x PERSONAL APPEARANCE RECORD REVIEW 0 NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL nes [we Px] | Donte Marshal, Inc 00 HON : UOTHC OTHER DENY ISSUES A92.21 INDEX NUMBER A66.00 . | A94,05 1 |ORDER APPOINTING THE BOARD 2 APPLICATION FOR REVIEW OF DISCHARGE (3. The Board finds that neither the evidence of record nor that provided by the...

  • AF | DRB | CY2010 | FD-2009-00028

    Original file (FD-2009-00028.pdf) Auto-classification: Denied

    SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL : : : AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE- FD-2009-00028 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. After a...

  • AF | DRB | CY2011 | FD-2010-00228

    Original file (FD-2010-00228.pdf) Auto-classification: Denied

    The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 08 Mar 2012. 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. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.

  • AF | DRB | CY2011 | FD-2010-00294

    Original file (FD-2010-00294.pdf) Auto-classification: Denied

    IAW AFI 36-3213, the applicant was offered a personal appearance before the Discharge Review Board (DRB), however failed to make a timely response to the Board’s notification of a scheduled hearing. FINDING: The request for the upgrade of the discharge, to change of reason and authority for discharge, and to change the reenlistment code are denied. ISSUE: Applicant received a General discharge for Misconduct — Minor Disciplinary Infractions Applicant submitted no issues regarding the...

  • AF | DRB | CY2009 | FD2008-00299

    Original file (FD2008-00299.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AMN TYPE | PERSONAL APPEARANCE xX RECORD REVIEW .| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x xX xX 7 — issuES 94,53 INDEXNOMBER 464.00 2 BOIS SUBMEETED A93.01 [1 | ORDER APPOINTING THE BOARD |2_|APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S...

  • AF | DRB | CY2012 | FD-2012-00029_13

    Original file (FD-2012-00029_13.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappealsforupgradeofthedischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischarge ReviewBoard(DRB),withoutcounsel,at AndrewsAFBon16Jul2013. Thefollowingadditionalexhibitsweresubmittedatthehearing: Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2010 | FD-2008-00455

    Original file (FD-2008-00455.pdf) Auto-classification: Denied

    AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1536 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00455 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for discharge. ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge. ...

  • AF | DRB | CY2010 | FD-2008-00576

    Original file (FD-2008-00576.pdf) Auto-classification: Denied

    * Change Reason and Authority + Change Reenlistment Code a ais : oo SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL a AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 32RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFR, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00576 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason...