AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00024 |
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 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 upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied. ISSUE: Applicant received a General discharge for Misconduct: Minor Disciplinary Infractions. Applicant contends that his discharge was inequitable based on him being immature at the time. The applicant also submits that is was explained to him at the time of his separation that even though he was not ready during his time in the Air Force, he would be ready in the future. He also states that the reason he accepted the separation was to return in the future. The record indicates the applicant received one Article 15, two Letters of Reprimand, and a Letter of Counseling. His misconduct included underage alcohol consumption, breaking curfew, dorm room being in disarray with multiple security violations and evidence on tobacco use, violation of AETCI 36-2216 by entering a local hotel and failing to report the existence of hotel party frequented by airmen, and failing to go to mandatory formation on five separate occasions. The DRB recognized the applicant was 20 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. In regards to the Applicant being told that he would be ready in the future, The board noted the issue was a common result of miscommunication. 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. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge, reason for the discharge or the reenlistment code.
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, reason for the discharge, and the reenlistment code should remain unchanged.
Attachment: Examiner's Brief |
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