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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2011-00563 |
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, MD, on 16 May 2013.
The following additional exhibits were submitted at the hearing: Exhibit #5: Photos and Videos
FINDING: Upgrade to discharge to Honorable is denied. However, the Board grants an upgrade of discharge to General.
ISSUE: The applicant received a UOTHC for Misconduct: Commission of a Serious Offense and Conduct Prejudicial to Good and Discipline. The record indicates the applicant received two Letters of Reprimand. His misconduct included being disrespectful to a junior officer and a junior non-commissioned officer, misuse of government phone and computer, and violation of Air Force standard of instruction by actively participating in a supremacist organization. The applicant contends his discharge was harsh and the allegations made against him were false and unfounded. He also states that he wants his discharge upgraded because he wants to rejoin the Air Force Reserves. The applicant was a primary officer for the National Independents Movement (NIM), loaded many of the web pages for the NIM website on a government computer, and organized NIM activities via the web pages on the government computer. The applicant testified that NIM was not a racist organization, and that anyone could comment on the site's message board. He also testified that he only looked at the NIM website during lunch breaks and non-duty hours. However, active membership in a supremacist organization is a violation of AFI 51-903. The applicant also testified that because he was older and had more experience in the military, he resented being talked down to by his supervisors. This led to some unprofessional exchanges with his supervisors and others in his chain of command. He also stated that there was no intent to be disrespectful to any officer or junior enlisted members. The applicant was entitled to present his case before an administrative discharge board, but submitted an unconditional waiver to waive his right to an administrative board. He also stated that military counsel was made available to him during the discharge process. The applicant testified that he didn't take the discharge seriously because he thought he could get a waiver later if he wanted to rejoin the Armed Forces.
IAW AFI 36-3209, para 3.24 UOTHC service characterizations for reserve personnel can only be approved by the Director SAF/MRB (delegated Secretarial authority). Thus, the case was required to go before the Personnel Council because Secretarial action was required before a UOTHC discharge could be approved. A thorough examination of the record reveals no evidence the case went before the Personnel Council to approve the UOTHC service characterization. The Staff Summary Sheet and AFRC/JAJ legal review both include recommendations that AFRC/CV accept the applicant's unconditional waiver and separate him with a UOTHC service characterization. There is no mention of a requirement to forward the case to the Personnel Council for Secretarial action. After receiving these recommendations, AFRC/CV signed a memorandum directing the applicant be discharged with a UOTHC service characterization. No documents included in the case file include any reference the case was ever considered by the Personnel Council. Additionally, historical records of the Personnel Council were reviewed to determine if the Council had reviewed the case. No records were found. Based on the above, the DRB concludes the applicant's UOTHC |
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