AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00645 |
| 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 A Pattern of Misconduct - Discreditable Involvement with Military or Civil Authorities Applicant contends discharge was inequitable because he was not given the chance to rehabilitate IAW AFI 36-3208, paragraph 5.2.1. The records indicated the applicant committed insurance fraud by making a false claim to USAA General Insurance Company and was arrested for driving under the influence. After a complete and thorough review of the records and the evidence submitted by the applicant, the Board found the applicant's contentions to have no merit. IAW AFI 36-3208, paragraph 5.2.1 "Airman must be counseled formally concerning their deficiencies and given an opportunity to overcome them before the commander recommends discharge", however JAW AFI 36-3208, paragraph 5.1 "Airman who do not show potential for further service should be discharged." The record shows that the applicant lied to authorities when he committed insurance fraud and only told the truth once he was caught. Additionally, when he was arrested for DUI his BAC was registered at twice the legal limit. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
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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