AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00092 |
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 of the discharge. ISSUE: Applicant received a General discharge in accordance with AFI 36-3208, Chapter 4. Applicant contends discharge was improper because he was processed for discharge and a separation physical was not accomplished. He feels that if it was accomplished, he would have been processed for separation via the MEB process. The record indicates that the applicant received a separation physical as annotated on DD Form 2697, dated 19 July 2013 and was medically cleared for separation. The records indicated the applicant was processed for discharge IAW AFI 36-3208, Chapter 4, in lieu of court-martial. His misconduct included absenting himself from his place of duty (3x), dereliction of duty (6x), and false official statement (4x). The applicant also received an Article 15 failing to notify his chain of command he was not returning to work and failing to obey an order to report to work. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate. The Board highly recommends that ifthe applicant can provide additional documented information to substantiate his issues, that he should consider exercising his right to make a personal appearance before the Board. Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any contributions to the community.
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 should remain unchanged. Attachment: Examiner's Brief |
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