AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00321 |
| GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. 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 requests for the upgrade of the discharge and to change the reason and authority for discharge are denied. ISSUE: Applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for Misconduct - Commission of a Serious Offense Applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The records indicate the applicant received one Article 15 and one Letter of Reprimand. His misconduct included wrongful transmission of pornographic images via government computer and solicited a prostitute and assaulted and battered the same prostitute causing her serious bodily harm. The DRB recognized the applicant was 21 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was the same age as the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The Board concluded 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. The DRB was pleased to see that the applicant was doing well and planning on attending college. 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. 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 | CY2013 | FD-2013-00386_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: Applicantreceiveda Generaldischargefor Misconduct-SeriousOffense(Primary)andMental...
AF | DRB | CY2013 | FD-2013-00459_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable,tochangethereason andauthorityforthedischarge,andtochangethereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:Upgradeofthedischarge,changeofreasonandauthorityfordischarge,andchangeofreenlistmentcodearedenied.
AF | DRB | CY2013 | FD-2013-00491_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestfortheupgradeofthedischarge,tochangethereasonandauthorityfordischarge,...
AF | DRB | CY2013 | FD-2013-00792
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMlOOLEINITIAL)GRADE AFSN/SSANPERSONALAPPEARANCEX RECORDREVIEWADDRESSANDORORGANl7.ATIONOfCOUNSELx MEMBERsrITING HON GEN UOTHC OTHER DENY...
AF | DRB | CY2013 | FD-2013-00791
GENERAL: Theapplicantappealsforupgradeofdischargetohonorableandtochangethereasonandauthorityforthedischarge.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheDRBfindstheapplicantsubmittednoissuescontestingtheequityorproprietyofthedischarge,andafterathoroughreview oftherecord,the...
AF | DRB | CY2010 | FD-2009-00055
RECORD REVIE' ADDRESS AND OR ORGANIZATION OF COUNSEL UOTHC - T x ~ - - T x xX Xx t- Xx ISSUES INDEX NUMBER A93.01 A67.00 ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER Of NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD PERSONAL APPEARANCE ADDITIONAL EXHIBITS SUBMITTED AT TIME OF TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE 17 Jun 2010 CASE NUMBER FD-2009-00055 ee Case heard in Washington, D.C. application to the AFBCMR. The Board...
AF | DRB | CY2013 | FD-2013-00429_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoard deniestheupgradeofthedischarge.TheBoardfindsthatneithertheevidenceofrecordnorthatprovidedbytheapplicant substantiates...
AF | DRB | CY2013 | FD-2013-00622_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestfortheupgradeofthedischarge,to...
AF | DRB | CY2011 | FD-2009-00576
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. FINDING: The Board denies the upgrade of the discharge. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2014 | FD-2014-00042
GENERAL: Theapplicantappealsforupgradeofdischargetohonorableandtochangethereasonforthedischarge.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING: TheBoarddeniestheupgradeofthedischargeandchangeofreasonaredenied.ISSUE: Theapplicantwasgivenageneraldischargefor misconduct--...