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AIR FORCE DISCHARGE REVIEW BOARD
This is a briefing to familiarize you with the procedures of
the Air Force Discharge Review Board. Your hearing before the Board is an
administrative hearing. It’s not an adversarial proceeding or a trial. The
purpose is to determine whether your period of service was properly
characterized. Only one of two things can happen, your request can be granted or
your discharge can remain the same. It cannot be made worse. There is what is
termed, the presumption of regularity in government affairs. This means when the
government or in this case the Air Force takes an action, it is deemed to be a
good and proper action. The burden of proof lies with you to convince the
members of the Board that your discharge should be something other than what it
is, and in doing so, overcome the presumption of regularity. If you haven’t done
so, you should review the examiner’s brief prior to your hearing. The brief is a
summary of the available military records in your case. It contains the
essential facts in your case and is put into a format which is easily read by
the Board members. One Board member is designated as the action officer for your
case. The action officer’s job is to go through your entire record and compare
it to the brief, making sure the brief is absolutely correct. In doing so, this
individual becomes very familiar with your case. If any of the Board members
have questions concerning the documentation in your record, either during the
hearing or afterwards during the Board deliberations, these questions will be
addressed to the action officer who will get the document in question for the
decision of the Board.
The Board is composed of five active duty Air Force officers and senior enlisted
personnel. They each cast one vote and the majority rules. In regards to
testimony, for the purpose of this hearing you have the right to remain silent,
give sworn testimony, or give an un-sworn testimony. If you wish to remain
silent you don’t have to say anything. If you choose to give sworn testimony
you’ll take an oath and then each Board member will have the opportunity to ask
you questions either about your testimony, something in the record, or
essentially anything they feel might give a greater insight into your case. The
Board believes that sworn testimony is best because in the absence of being able
to ask questions, there is no way the Board members can establish your
credibility as a witness. If you do decide to give sworn testimony and are asked
a question you don’t wish to answer, you don’t have to answer it. The decision,
as to which form of testimony you give, if any, is entirely yours.
The Board will concern itself with two basic issues in determining whether your
discharge should be changed. The first issue is that of propriety. This means
did the Air Force follow its own rules and regulations in processing your
discharge. If the Board feels there was an impropriety and that impropriety was
significant, that had it not occurred, the outcome would very likely have been
different. The Board can use the issue of impropriety to upgrade your discharge.
The second issue is that of equity. Given the same set of circumstances, exactly
as it was when you were discharged, apply it to today’s rules and
regulations--would the outcome be the same? If the Board believes it would not,
then it can use the issue of equity to change your discharge.
The Board is limited to these two issues, propriety and equity as a basis for a
change of discharge. They cannot base a change on compassion or because you have
changed for the better. The hearing will be recorded on either a cassette tape
or a CD. It provides a record of the proceedings, but beyond that, it gives the
Board a chance to rehear your testimony after you have left the room, and
sometimes this can be very important. No one has access to the recording except
you and the Board members. You can get a copy by simply asking for it; no one
else can get a copy without your written permission.
When you go into the hearing room, the Board member designated as the recorder
will start the recording device and the President of the Board will call the
Board to order. The action officer will then read into the record that the Board
is meeting to consider your case, that you are present and are or are not
represented by counsel and will introduce exhibits into evidence, such as your
application, your letter of notification of when to appear, orders that appoint
the Board, officers of the Board, your records, examiner’s brief and your
issues. The reason is simply to provide a complete hearing record. You’ll then
be asked what form of testimony, if any, you wish to give. If you indicate sworn
testimony, you’ll be asked to raise your right hand and take an oath. All this
takes about a minute and a half and is essentially the only formal part of the
hearing. From that point on, sit down, try and relax and make yourself
comfortable. The hearing normally takes less than an hour but the Board will
take whatever time is necessary to hear your case, there is no time limit. If
you have counsel, your counsel will likely make an opening statement in your
behalf then ask you questions to draw out your testimony. If you don't have a
counsel, you may make an opening statement and then proceed to
presenting your case. If you are giving
sworn testimony, the Board members will ask you questions, your counsel will
then make a closing statement on your behalf and then you will have a final
opportunity to address the Board. After you are excused you may leave
immediately. The Board will then go into deliberations and reach its decision.
It will take about 6 to 8 weeks for you to receive the Board’s decision, which
will come via the Air Force Review Board Office (SAF/MRBR) at Randolph Air Force
Base, Texas. If your discharge is changed, you will receive a new discharge
certificate, a new DD 214, and the decisional document of the Board. If your
discharge is not changed, you will receive the decisional document of the Board,
which will include the specific reasons why your discharge was not changed, and
will also include any further appeal process, which is applicable to you. In
either case, plan on 6 to 8 weeks to get the results. If you have any questions,
or if you have changed your address recently or plan to do so in the near
future, please inform one of the Air Force Discharge Review Board members.
This concludes the Board briefing process.
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