AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00097 |
GENERAL: The applicant appeals for upgrade of discharge to honorable, change the reason and authority for the discharge and change to 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 Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge. However, based upon the record, the Board grants the change of the narrative reason for discharge to Secretarial Authority
ISSUE: Applicant received a General 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 Letter of Reprimand for the use of spice.
Although not explicitly stated, applicant contends his discharge was inequitable because it was too harsh. He believes that while everyone else was served an Article 15 and had an opportunity to accept or turn down the Non-judicial punishment and demand a court-martial, he was only issued a Letter of Reprimand with only the option to respond to the allegation in writing. It is Commander's discretion to issue the appropriate level of punishment for misconduct, absent of clear abuse of authority, it is not our job to second guess command's authority in maintaining good order and discipline.
Applicant also contends that his discharge was improper because his command relied on false information provided by witnesses that claim he smoked spice with them during a timeframe he was deployed. The Board relies on the presumption of regularity but after a thorough review of applicant's record, due to several mitigating facts surrounding the alleged misconduct, the Board concluded the narrative reason and authority would be more accurately reflected as Secretarial Authority.
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 reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief |
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