ISSUES
A94.05
INDEX N\JMllER
A67.10
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER 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
Case heard m 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.
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB,TX78150-4742
SECRETARY or THE AIR FORCE PERSONN [L COUNCIL AIR FORC& lllSCHARGEREVIEW BOARD 15J5COMMANDDR,EE WING,JRD YLOOR
l\NDREWS MB.MD lf7'1-7IOI
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
| CASE JliUMBER FD-2014-00136 |
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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 denies the upgrade of the discharge and change ofreason and authority for discharge ISSUE: Applicant received a General Discharge for Misconduct: Minor Disciplinary Infractions
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 Applicant's record of service included two Article 1Ss for possessing and consuming alcohol in student dorm or immediate surrounding area and underage consumption.
Applicant contends that his discharge was unfair because other's received Article 1Ss for the same offense without being discharged. The Board recognizes this may often seem the case, however, the DRB determines equity based upon the individual merits of each application on a case-by-case basis. The DRB is not bound by prior decisions in its review of subsequent cases because no two cases present the same issues of equity. After a review of the record in its entirety, the Board concluded the applicant's contentions were unsubstantiated and the discharge was appropriate for the reasons cited in the record. The board would also like to note that in the applicant's records, he took full responsibility for his actions and asked to be separated as quickly as possible so that he does not cause further trouble or waste any more time and money. Applicant did not submit a response to his discharge notification. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance and concluded that the characterization of the applicant's discharge was appropriate due to the misconduct.
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.
Inview 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 |
AF | DRB | CY2014 | FD-2014-00136
GENERAL: Theapplicantappealsforupgradeofdischargetohonorableandtochangethereasonand authorityforthedischarge.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgrade ofthedischargeandchangeofreason andauthority fordischarge ISSUE:...
AF | DRB | CY2014 | FD-2014-00363
GENERAL: Theapplicant appealsforupgrade ofdischargetohonorable Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge.
AF | DRB | CY2014 | FD 2014 00363
GENERAL: Theapplicant appealsforupgrade ofdischargetohonorable Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge.
AF | DRB | CY2013 | FD-2013-00726
INDEXNUMBER A67.10 1ORDERAPPOINTINGTHEBOARD2APPLICATION FORREVIEWOFDISCHARGE3LEITEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTI-IE BOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANCETAPERECORDINGOF PERSONALAPPEARANCEHEARINGHEARING DATl!27Feb2014CASENlJMBERFD-2013-00726CaseheardinWashington,D.C.Adviseapplicantofthedecisionofthe Board,therighttoa personalappearancewith/withoutcounsel,andtherightto submitanapplicationtotheAFBCMR.Names andvoteswillbe...
AF | DRB | CY2015 | FD-2015-00128
GENERAL:Theapplicantappealsfor upgradeof dischargetoHonorable,change the reasonandauthority fordischarge andtochangethereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattached brief contains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe...
AF | DRB | CY2015 | FD-2014-00323
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebefore theDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge. FINDING: TheBoarddeniestheupgradeof thedischarge. ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-Drug AbuseTheAirForceDischargeReviewBoard,...
AF | DRB | CY2015 | FD-2014-00344
GENERAL: Theapplicant appeals forupgradeofdischarge toHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00129
GENERAL: Theapplicantappeals for upgradeofdischargetoHonorable,achange tothe narrativereasonandachangetothereenlistment code. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompleted based ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00048
GENERAL:Theapplicantappealsforupgradeofdischargeto Honorable.Theapplicantwasoffered apersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattached...
AF | DRB | CY2015 | FD-2014-00463
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonand authorityforthedischarge. Theapplicantwasofferedapersonalappearancebefore theDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailable servicerecord. The attachedbriefcontains availablepertinentdataon theapplicantandthefactorslead ingtothedischarge.