| ISSUES A93.02 | INDEXNUlllBER A66.00 | ||
| 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 28 Aug 2014 |
CASE NUMBER FD-2014-00049 |
||
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00049 |
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 denies the upgrade to honorable, however an upgrade to General was granted.
ISSUE: Applicant received an Under Other Than Honorable Conditions discharge for Misconduct - Drug abuse.
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 one Article 15. His misconduct included use of marijuana.
Applicant cited immaturity as the reason for his misconduct in his application. The DRB recognized the applicant was 22 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. The Board also found that when significant negative aspects of the airman's conduct or performance of duty outweigh positive aspects of the airman's military record, as described in AFI36-3208, a General discharge is more appropriate considering there were no other acts of misconduct while serving.
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 to Honorable, reason for the discharge or the reenlistment code, however an upgrade to General was granted.
CONCLUSION: The Discharge Review Board concludes that the discharge was not consistent with other cases having similar circumstances. The Board opined that the overall quality of applicant's service is more accurately reflected by a General discharge Under honorable Conditions, with no change to the narrative reason or re-enlistment code.
Attachment:
Examiner's Brief |
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