AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00621 |
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 Board grants the requested relief.
ISSUE: applicant received a General discharge for Misconduct - Minor Disciplinary Infractions (Primary) and Mental Disorders, Specifically Adjustment Disorder (Secondary) Although not explicitly stated, applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received one Article 15 and one Record of Individual Counseling. This misconduct included struck two Navy personnel in the face with fist, struck female airman in the forehead with fist and failed to behave professionally and courteously when given an order by a SNCO. The discharge notification listed other incidents for which the applicant did not receive counseling or disciplinary measures and incidents from a prior duty station documented by MFR from two airmen the applicant had previously been stationed with at an overseas location. The Board found the inclusion and consideration of the incidents that did not warrant counseling or other disciplinary measures and the MFRs to be inequitable. The Board found the primary reason for discharge to be too harsh and grants the requested relief.
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.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief |
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