AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00212 |
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. 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 applicant was discharged with an under honorable conditions (general) discharge for minor disciplinary infractions. The applicant contends the evidence used to justify his discharge was based on biases and leadership harassment and incompetence, which resulted in his discharge through malicious prosecution. The record indicates the applicant received two Article l 5s and two Letters of Reprimand. His misconduct included gossiping about sexual activity between two fellow airman, harassed and bullied class mates, which created a hostile work environment, failure to go to duty on time, disrespectful language to a Non-Commissioned Officer and a Senior Non-Commissioned Officer, violated AETCI 36-2216 by possessing personal cell phone during duty day while in uniform, with intent to deceive made false official statement to Senior Non-Commissioned Officer, observed wearing reflective belt around neck, failure to use proper reporting procedures while addressing Senior Non-Commissioned Officer, and failure to refrain from possessing test materials outside the testing area. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. 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 older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.
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-2013-00342_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoard deniestheupgradeofthedischarge.The Board findsthat neither the evidence ofrecord nor that provided bythe applicant substantiates aninequityorimproprietythatwould...
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hertosimplyapologizeasopposedtodisputinghercase.Shewantsherdischarge upgradedbecauseitwillhelpherwithfindingbetteremploymentopportunities.TherecordindicatestheapplicantreceivedtwoArticle15s,aLetter ofReprimand,andtwoLettersofCounseling.Hermisconductincludedfailuretogotoduty,disrespectfulinlanguagetoaSeniorNon-CommissionedOfficer,failuretoobeyorder,disrespectedaNon-CommissionedOfficer,andfailedfitnessassessment...
AF | DRB | CY2013 | FD-2013-00328_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode.Theapplicant appearedandtestifiedbeforetheDischarge ReviewBoard (DRB),without counsel,atAndrews AFBon01Aug2013. Thefollowingadditionalexhibitsweresubmittedatthehearing:Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:...
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 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...
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...
AF | DRB | CY2013 | FD-2013-00423_13
GENERAL:Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniestheupgradeofthedischarge.The Board findsthat neither the evidence ofrecord nor thatprovided by the applicant substantiates...
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