AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00574 |
GENERAL: The applicant appeals for upgrade of discharge to honorable 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 request for the upgrade of the discharge and to change the reason and authority for discharge is denied. ISSUE: Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions Applicant contends discharge was inequitable because it was based on an isolated incident. Additionally, he states his discharge was improper based on the fact his wrong doing was in question. The record indicated the applicant received one Article 15 and one Vacation. His misconduct included failed to refrain from drawing or aiming firearm when deadly force was not reasonably necessary, brandished and pointed loaded weapon at self and others, and failed to go to duty on four separate occasions. After a complete and thorough review of the applicant's records and the evidence provided by the applicant, the Board found the applicant's contentions to have no merit. They Board found no evidence of impropriety or inequity to warrant an upgrade of the discharge and 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. The applicant stated he was unaware he was being discharged for misconduct and was shocked to see that his DD 214 reflected "misconduct" as the reason for discharge. Upon review of the record, the Board found that the applicant was properly notified of his commander's recommendation that he receive a General discharge for misconduct. In fact, the applicant acknowledged receipt of the notification on 9 April 2007. Additionally, on 12 April 2007, he responded to the discharge notification stating he understood he was being recommended for a General discharge based on misconduct and asked that he receive an honorable discharge or be discharged under the Force Shaping program. 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 28 February 2005 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 |
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