AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00189 |
GENERAL: The appl icant appeals for upgrade of discharge to honorable .
The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Andrews AFB Maryland and Travis AFB California on 23 Sep 2014. 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 Board denies the upgrade of the discharge.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.
ISSUE:
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 character 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 did complete 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 two Article 15s and a Letter of Reprimand. The Letter of Reprimand was for failure to go to Nuclear, Biological and Chemical Warfare training. The first Article 15 was for failure to go to duty on time on two separate occasions; violation of a no contact order; disrespect to a senior non-commissioned officer; and disrespect to a non-commissioned officer. He was demoted to airman as a result. The second Article 15 was for failure to complete required leave paperwork prior to departing for leave. This offense resulted in demotion to airman basic. After a review of the record in its entirety, the Board concluded the applicant's contentions were unsubstantiated and the discharge was appropriate for the reasons cited in the record.
Issue I. Applicant contends his discharge was inequitable due to poor management and improper supervision. He submitted screenshots from Facebook to indicate there was "some degree of harassment" that led to his discharge. In the Facebook comments, the applicant is asked if he was still bitter by a female who knew the circumstances of his discharge. He also submitted a character letter that supported his contention that the applicant may have been unfairly targeted. The record indicated the applicant received legal counsel and opted not to submit statements. After reviewing the entire record, the applicant's written and verbal testimony, and the evidence submitted by the applicant, the Board found insufficient evidence that the applicant was treated unfairly by his supervisors. The Board concluded the misconduct of the applicant appropriately characterized his term of service.
Issue 2. Applicant contends his discharge should be upgraded so that he can use his GI Bill. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) on 24 Feb 2004 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. |
AF | DRB | CY2013 | FD-2013-00189
AIR FORCEDISCHARGEREVIEWBOARDHEARlNGRECORDNAMEOF SERVICEMEMBER (LAST,FfflSTMlDOLE INITIAL)PERSONAL APPEARANCE COIJNSt:L NAME OFCOUNSELANDOR ORGANIZATION 1 1 YES No xGRAOE AFSN/SSAN RECORDREVIEWADORESSANOORORGANIMTIONOFCOUNSEL VOTE OFTHEROAROMEMBER SITTING HON UOTllCOTHER DENY ISSLESA94.JlINDEX NUMBERA67.10EX1H8ITS SUBMITTEDTO THEBOARDORDERAPPOINTlNGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGELETrEROF NOTlrJCATIONBRIEFOFPERSONNELFILE COUNSEL'S...
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