AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00342 |
| 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 is requesting an upgrade in his discharge status for the sole reason of his family and pursuing his education to better serve his family. He also contends he was discharged due to administrative errors and infractions. The record indicates the applicant received two Article 15s, six Letters of Reprimand, six Letters of Counseling and a Record of Individual Counseling. His misconduct failure to turn in tool box at end of shift, failure to maintain dorm room in inspection order, failed BPO/PR inspection, disrespectful to Non-Commissioned Officer, failed to maintain strict control of toolbox, disobeyed lawful order from Non-Commissioned Officer, failure to use hands free device while operating motor vehicle, failure to use Technical Order to complete work, failed to complete a proper post flight inspection, with intent to deceive signed official AFTO form 781H with false information, failed to follow TAFBI-21-118 Para 3.1.2 and notify production superintendent or Expeditor of missing item, wore unserviceable coveralls during duty hours, signed off on form indicating FO check and vacuum of panel but did not complete the task, witnessed another individual commit a crime and then lied to Senior Non-Commissioned Officer, and with intent to deceive signed false official statement. 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.
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 14, 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.
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-2013-00533_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL)GRADEAFSNISSANX RECORD REVIEWADDRESSANDORORGANll.ATIONOFCOUNSEL Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented yet) Drawn Shape (ignored-not implemented...
AF | DRB | CY2013 | FD-2013-00409_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforAPatternofMisconduct-ConductPrejudicial toGood...
AF | DRB | CY2013 | FD-2013-00419_13
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDER(LASf,FIRSfMIDDLEINITIAL)GRADEPERSONAL APPEARANCE x RECORDREVIEWADDRESSANDORORGANIZATIONOFCOVNSELMEMBERSITTINGHON GENUOTHC OTHER DENY 1ORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOFDISCHARGE3LEITEROFNOTIFICATION4BRlEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASENUMBER 02Aug2013 FD-2013-00419Caseheardin...
AF | DRB | CY2010 | FD-2010-00430
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN TYPE GEN PERSONAL APPEARANCE x RECORD REVIEW = : NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING : HON GEN UOTHC OTHER DENY x x x x x ‘ISSUES A94.53 INDEX NUMBER A67.10 1 J|ORDER APPOINTING THE BOARD 2 | APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE BOARD ADDITIONAL...
AF | DRB | CY2013 | FD-2013-00557_13
GENERAL:The applicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoard deniestheupgradeofthedischarge.ISSUE: ApplicantreceivedaGeneraldischargeforUnsatisfactoryPerformance-PersonalFinances (Primary)andMisconduct-MinorDisciplinary...
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 | CY2013 | FD-2013-00217_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ...
AF | DRB | CY2013 | FD-2013-00308
GENERAL:TheapplicantappealsforupgradeofdischargetohonorableTheapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniestheupgradeofthedischarge.ISSUE: ApplicantreceivedaGeneralDischargeforMisconduct:MinorDisciplinaryInfractions ...
AF | DRB | CY2012 | FD-2012-00029_13
GENERAL:Theapplicantappealsforupgradeofthedischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistmentcode. TheapplicantappearedandtestifiedbeforetheDischarge ReviewBoard(DRB),withoutcounsel,at AndrewsAFBon16Jul2013. Thefollowingadditionalexhibitsweresubmittedatthehearing: Exhibit#5:Applicant'sContentionsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00616_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...