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AF | DRB | CY2013 | FD-2013-00769
Original file (FD-2013-00769.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)      GRADE    AFSN/SSAN



TYPE GEN         x        I        PERSONAL APPEARANCE     I        RECORD REVIEW
 COUNSEL  NAME OF COUNSEL AND OR ORGANIZATION      ADDRESS AND OR ORGANIZATION OF COUNSEL
YES      No
 (b) (6)  (b) (6)
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1        ORDER APPOINTING THE BOARD
2        APPLICATION FOR REVIEW OF DISCHARGE
3        LETTER OF NOTIFICATION
4        BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
 ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE    CASE NUMBER

07 Aug 2014      FD-2013-00769

Case heard in Washington, D.C.
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Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.
*Narrative
+RE code




AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous




AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER

FD-2013-00769

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 appeared and testified before the Discharge Review Board (DRB), with counsel, at Andrews AFB on 7 August 2014.

The following additional exhibits were submitted at the hearing: Exhibit 5: Certificates
Exhibit 6: Resume
Exhibit 7: Medical Statement
Exhibit 8: Verification of previous employment

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 reenlistment code, but approves change of reason and authority for discharge.

ISSUE: Applicant received a General discharge for Misconduct - Conduct Prejudicial to Good order and Discipline

The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the character of service and the reason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to include evidence ·submitted by the applicant. The Board did complete a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The records indicated the applicant received one Article 15, four Letters of Reprimand, and one Letter of Counseling. His misconduct included failure to go to training, failure to go to a commander directed appointment, failure to go to duty on time (4x), making prank phone calls using provoking speech to another airman, dereliction of duty by failing to report to the LE desk, and failure to remain available for telephone recall.

Applicant contends the discharge was inequitable due to the harsh level of the actions taken against him. The applicant cited family issues, inability to adjust to military lifestyle and a medical condition as reasons to consider when evaluating equity as it pertains to the discharge. The Discharge Review Board was sympathetic to the personal problems the applicant had during his time is service; however, they opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. 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.

A discharge is upgraded only if the applicant and the Board can establish that an inequity or impropriety took place at the time of discharge. After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization or the reenlistment code; however, the Board did agree that a change in the narrative reason for the discharge is warranted.


CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and a substantive requirement of the discharge regulation was within the discretion of the discharge authority and that 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 or changing of the reenlistment code; however, the Board concludes that the reason for discharge is more accurately described as Secretarial Authority.

 Attachment: Examiner's Brief

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