| A AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00502 |
| GENERAL:
The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code. 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: Upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied. 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 Misconduct: Commission of Serious Offense. Applicant contends his discharge was inequitable because it was based on one isolated incident in sixteen years of service with no other adverse action or circumstances. He also states that his counsel was inadequate during his administrative discharge board hearing and feels he was punished twice due to the fact that he was a Technical Sergeant and was reduced to a Staff Sergeant during the administrative discharge board. The record indicated the applicant received two Letters of Reprimand and two Letters of Counseling. His misconduct included misused government computers by playing unauthorized games during duty hours, failure to go to duty on time, failed fitness assessment, and arrested for stealing books from the University of South Carolina Sumter bookstore. The applicant applied for and was accepted into Sumter Count's Pretrial Intervention (PTI) program. The applicant did successfully complete PTI program and did avoid prosecution for stealing books from the University of South Carolina Sumter bookstore. On 7 June 2012, the administrative discharge was convened. The Board, consisting of five officer members found that the applicant did commit a serious offense and recommended that the applicant be administratively separated with an under honorable conditions (general) discharge. The applicant was represented by counsel throughout his administrative discharge board process and according to his personnel records never complained how his counsel represented him during the board hearing. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate.
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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SOUTH CAROLINA 10 Sep 96 MEMORANDUM FOR AB i b.-..-..-..-..-..-.--------------------------! Between on or about 6 Aug 95, and on or about 21 Aug 95, at or near Sumter County, South Carolina, you conspired with: existent business for the purpose of committing larceny, and you conspired with the same persons to receive stolen goods. Airman's Receipt of Notification Memorandum Grand Jury Indctment, dtd 2 Jan 96 :Memoranda, dtd 4 Jan 96 m
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