AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00464 |
GENERAL: The applicant appeals for upgrade of discharge to honorable general and to change the reason and authority for the discharge
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 and change of reason and authority for discharge
ISSUE: Applicant received a General Discharge for Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline.
Although not explicitly stated, applicant contends her discharge was inequitable because it was too harsh. The applicant received three Article 15s, five Letters of Reprimand, three Letters of Counseling and three Records of Counseling. Her misconduct included unlawfully striking a child with belt on two occasions, failure to obey lawful order, failure to go to duty, failure to go to duty on time, and failure to inform leadership of appointments. Member states on DD 293 that she was never properly briefed of rights and recourse and was rushed out of the military. Member was given the opportunity to consult with counsel and there is no indication that member waived these rights. The Board noted that in some of her replies to disciplinary action, member agreed and took full responsibility for her actions and stated that she would begin to improve her behavior. Applicant does state that she was going through a lot of personal problems that caused her to be away from work due to appointments and it was a lot of stress on her mentally. While understandable that members experiencing personal problems may have additional stress, applicant submitted no documentary evidence of those problems, how they were unique, or that she sought help from available agencies such as the Chaplain, Family Support Center, chain of command, or the Mental Health Clinic. Applicant was counseled in an effort to help her correct her deficiencies and had many opportunities to improve her behavior. She failed to respond to those rehabilitative efforts, so she was held accountable for her actions. No inequity or impropriety was found in the discharge in the course of the records review.
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 |
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AIR FORCE DISCHARGE REVIEWBOARD HEARINGRECORDNAMEOFSERVICE MEMBER (LAST,FIRSTMIDDLEINITIAL)GRADEAFSN/SSANPERSONALAPPEARANCERECORD REVIEWADDRESSANDORORGANl.ZATION OFCOUNSELxMEMBERSITTINGHON GEN UOTHC OTIIER DENY ISSUESA93.19A93.01INDEXNUMBERA67.10ORDERAPPOINTINGTHEBOARDAPPLICATION FORREVIEWOFDISCHARGELETTEROFNOTIFICATIONBRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDING OFPERSONALAPPEARANCE HEARINGHEARINGDATE...
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