AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE: NUMBER FD-2014-00379 |
GENERAL: The applicant appeals for upgrade of discharge to honorable
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
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 five Letters of Reprimand and three Letters of counseling.
Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant stated in his application that he is dealing with depression; relating to attachment issues. After a thorough review of the records, the Board found mitigating evidence in the medical records showing the applicant was suffering from depression as early as 2012 while in technical training. The record reflects member began participating in recurring Mental Health counseling as early as 2012. Member was seen twice at in-house treatment facilities in August 2013, attended ADAPT and prescribed medication. At the time of discharge processing, member submitted a statement on his behalf, noting his problems, but requesting to be retained in view of the improvements he had made and the treatment he was seeking. The Board concluded that the applicant's mental stability should have been addressed as early as technical school. While the board did not condone applicant's incidents of misconduct, they did feel it would have been more equitable to refer him to a Medical Evaluation Board, or to base his discharge on his depression that interfered with is ability to function effectively in the military environment, and to characterize his service as honorable. The Board agreed to change the applicant's reason and authority for discharge; however the re-enlistment code will remain the same.
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 |
AF | DRB | CY2014 | FD-2014-00379
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable Theapplicantwasofferedapersonal appearancebeforetheDischargeReview Board(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: The Boardgrantsthe requestedrelief.
AF | DRB | CY2014 | FD-2014-00011
GENERAL: The applicantappeals forupgrade ofdischarge tohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompleted basedontheavailableservicerecord. Theattachedbriefcontains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00765
GENERAL: The applicantappeals forupgrade ofdischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbe completed basedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00642
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AF | DRB | CY2015 | FD-2014-00722
GENERAL: Theapplicant appeals forupgradeofdischargetoHonorable andtochange thereason andauthorityforthedischarge. TheapplicantwasofferedapersonalappearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2010-00420
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN PERSONAL APPEARANCE xX RECORD REVIEW [AME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY x xX x x aac x ISSUES A93.23 INDEX NUMBER AO7. The Board found that the applicant’s contention pertaining to her mental disorders had no merit. After a thorough and complete review of her medical records, the Board was unable to...
AF | DRB | CY2015 | FD-2014-00604
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonalappearance beforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2011 | FD-2011-00212
GENERAL: The applicantappealsforupgradeofdischargetohonorable. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel,viavideo teleconferencebetweenAndrewsAFBMarylandandTravisAFB Californiaon22 Sep2014. The followingadditionalexhibits weresubmittedat thehearing:
AF | DRB | CY2015 | FD-2014-00579
GENERAL:Theapplicantappealsforupgrade ofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. The attachedbriefcontainsavailable pertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00773
GENERAL: Theapplicantappealsforchangeofthereasonandauthorityforthedischarge,andtochangethereenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedon theavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.