(b) (6)

(b) (6)

(b) (6)

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2015-00194

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

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 Board denies the upgrade of the discharge.
ISSUE: The applicant received a General discharge for Misconduct -Minor Disciplinary Infractions

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the applicant. The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant's record of service included three Letters of Reprimand and two Letters of Counseling. His misconduct included failure to go to duty on time, failure to use required technical orders while performing maintenance on an aircraft, failure to complete individual medical readiness, receiving a safety violation by driving a jammer through a DoD checkpoint, being found on a cellular phone during duty hours and failure of a fitness assessment.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant stated he was told his discharge could be automatically upgraded after six months from being discharged. The Board noted the issue was a common result of miscommunication at the time of discharge, when the applicant is briefed that their discharge will automatically be upgraded after six months. While a discharge may be upgraded after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the DRB found no evidence to justify an upgrade of the discharge characterization.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and that the applicant was provided full administrative due process.

Inview 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