AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00110 |
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 Unsatisfactory Performance 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. Inreviewing 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 applicant's discharge met the pertinent standards of equity and propriety. The applicant's record of service included a Letter of Reprimand. Applicant's misconduct included; ear piercings that were out of regulation. Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does state his desire to receive the Montgomery G.I. Bill. After a review of the record, the Board found evidence to indicate that the applicant should have known and probably in fact did know that his piercings were out of regulation. Although the Board does not condone the failure to maintain standards of dress and appearance IAW 36-2903, due to the fact that applicant's previous unit allowed the piercing that started in May 2012 to continue and member had no other misconduct and had an otherwise good record, the majority of the Board found the discharge to be inequitable based on the inconsistency of what his leadership allowed.
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.
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-2014-00224
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GENERAL: Theapplicant appeals to change thereasonandauthorityforthedischarge. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined and requeststhatthereviewbecompleted based ontheavailableservicerecord. Theattached brief containsavailablepertinentdataontheapplicantandthefactorsleadingtothe discharge.
AF | DRB | CY2014 | FD-2014-00188
1ORDERAPPOINilNG THE BOARD x* + x• + IEARINC DATE CASENUMBER 2 APPLICATION FOR REVIEW OFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILE COUNSEL'S RELEASETOTHE BOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOFPERSONALAPPEARANC ETAPERECORDING OFPERSONAL APPEARANCE HEARING11Dec2014FD-2014-00188eheardin Washington,D.C.ldviseapplicant ofthedecision ofthe Boardandtheright tosubmit anapplicationtotheAFBCMR.famesand votes will be madeavailabletotheapplicantatthe applicant'srequest. ...
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GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonalappearance beforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
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GENERAL: Theapplicantappealsfor upgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthe reviewbecompletedbasedontheavailable service record. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
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