MEMBER SITTING
| AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE | CASE NUMBER FD-2013-00221 |
| 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. Applicant contends since his discharge he has matured and is now seeking employment with his local Police Department; however without an upgrade to Honorable he will not be eligible for the position. The record indicates the applicant received two Article l 5s, a Vacation action, and a Record oflndividual Counseling. His misconduct included drunk at Sheppard AFB, Texas, struck female airman with a liquor bottle and grabbed her by the throat and pushed her, drunk and disorderly, failure to go to duty on time, resisted apprehension, struck an airman with hand and head and another airman with hands, and threatened to kill and injure five Security Forces members. The applicant has repeatedly engaged in acts of misconduct that exemplify a blatant disregard for standards of acceptable conduct. The applicant's failure to conform to established behavioral expectations and Air Force standards clearly demonstrates his lack of integrity and his inability to adhere to Air Force standards. 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 24 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
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 May 5, 2001) 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.
The DRB was pleased to see that the applicant was doing well and has a good job. 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. |
AF | DRB | CY2011 | FD-2010-00228
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 08 Mar 2012. 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. The DRB concluded that the characterization of the applicant’s discharge was appropriate due to the misconduct.
AF | DRB | CY2013 | FD-2013-00352_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicant wasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.TheBoardfindstheapplicantsubmittednoissuescontestingtheequityorpropriety...
AF | DRB | CY2013 | FD-2013-00212_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDLAST,FIRSTMIDDLEINITIAL)GRADE ..- PERSONALAPPEARANCE---- x RECORDREVIEWADDRESSANDOR ORCANIZATIONOFCOUNSELMEMBERSIITINGGENUOTHC OTHER DENY 1 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LEITEROFNOTIFICATION4 BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPFARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEAIUNCDATE CASE l\1JMll £ R19Jul2013...
AF | DRB | CY2012 | FD-2012-00498
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantand thefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforApatternofMisconduct-ConductPrejudicialtoGood...
AF | DRB | CY2013 | FD-2013-00478_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDGRADEAFSNfSSANX RECORDREVIEWADDRESSAHi>ORORGANIZATIONOFCOUNSELISSUESA93.01INDEXNUMBERA67.10HON GEN UOTHC OTHERA93.07 A66.00 1 ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LEITER OFNOTIFICATION4 BRIEFOFPERSONNELFILECOUNSEL'S RELEASETOTHEBOARDADDmONALEXHIBITSSUBMilTEDATTIME OFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGllt:ARJNGDATE CASENUMBEROSSep2013...
AF | DRB | CY2013 | FD-2013-00318_13
GENERAL:Theapplicant appeals forupgradeofdischargetohonorable. Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthedischarge.ISSUE:Applicantreceived aGeneraldischarge forSubstanceAbuse Treatment Failure-Failure inthe...
AF | DRB | CY2013 | FD-2013-00524_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.The Board findsthat neither the evidence ofrecord nor that provided by the applicant substantiates...
AF | DRB | CY2013 | FD-2013-00506_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonandauthorityforthedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Upgrade of the discharge, change of reason and authority for discharge, and change...
AF | DRB | CY2015 | FD-2013-00787
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable. TheapplicantappearedandtestifiedbeforetheDischarge Review .Board(DRB),withcounsel,viavideoteleconferencebetweenJointBaseAndrews Maryland,andJointBaseSanAntonioTexason22Jun2015. Thefollowingwitnessalsotestifiedontheapplicant's behalf: VanessaCamarena.
AF | DRB | CY2013 | FD-2013-00440_13
GENERAL:Theapplicant appealsforupgrade ofdischargetohonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge.