AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2012-00029 |
GENERAL: The applicant appeals for upgrade of the discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 16 Jul 2013.
The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The request for the upgrade of the discharge, to change the 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 inequity or impropriety of his discharge. However, he does believe that his discharge did not take into account the good things he did while in service. The record indicates the applicant received two Article 15s. His misconduct included driving under the influence, failed to renew liability insurance, with intent to deceive made a false statement to an airman and a civilian, and driving while intoxicated. During the course of the hearing the applicant took full responsibility for his actions, and the Board commends the applicant for his honesty. However, the Board found that the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.
The DRB was pleased to see that the applicant was doing well, attending school and volunteering in his community. 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.
The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
September 21, 2007) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.
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 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 |
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