Search Decisions

Decision Text

AF | DRB | CY2014 | FD-2014-00147
Original file (FD-2014-00147.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

 NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
 GRADE    AFSN/SSAN

PERSONAL APPEARANCE
X        RECORD REVIEW



Yl:S     Nt
x

ADDRESS AND OR ORGANIZATION OF COUNSEL


MEMBER SITTING

HON

GEN      UOTHC

OTHER    DENY
x x x x
x

A67.l0

1 ORDER APPOINTING THE BOARD
2 APPLJCATION FOR REVIEW OF DISCHARGE
3 LETIER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL' S RELEASE TO THE BOARD
ADDITJONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING


H£AIU.NG DATE     CASE N'UM1£R

28 Aug 2014      FD-2014-00147


Case heard in Washington , D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant' s request.












TO:


SAF/MRBR
550 C STREET WEST,SUITE 40 RANOOLPH AFB, TX 78150-4742


SECRETARY OFTIIE AIR FORCE PERSONNEL COUNCIL MR FORCE DISOIARC£ 111,:Vl&W IOAJW
ISlSCOMMAND DR, EE WING,31W FLOOR M'DREWS AFI, MD 20762 1"1


AFBQ FORM 0-2077, JAN 00         (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2014-00147


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 for Misconduct -Minor Disciplinary Infractions

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 two Letters of Counseling, nine Letters of Reprimand, and one
Article 15. His misconduct included failure to account for assigned equipment, failure to show for an appointment, failure to go on time, failure in duty as stand-by personnel, delinquency on AAFES DPP account, failure of dorm room inspection, failure to provide proof of insurance in alleged hit and run, participation in off duty behavior described as juvenile delinquency, driving a POV while under the order of revocation of driving privileges, making a false official statement to a SNCO with intent to deceive, and financial irresponsibility.

Applicant contends the discharge was inequitable due to the harsh level of the actions taken against him. The applicant cited misconduct prior to the non-judicial punishment was used in the summary for the discharge. The Discharge Review Board surmised that the legal actions taken showed no valid claims of impropriety or inequity to warrant an upgrade of the discharge. The Board concluded that the negative
aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate.

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, 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 should remain unchanged.

Attachment:
Examiner's Brief

Similar Decisions

  • AF | DRB | CY2014 | FD-2014-00227

    Original file (FD-2014-00227.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTl\UDDLE INITIAL) GRADE AFSNISSANPERSONALAPPEARANCE X RECORDREVIEWADDRESSANDORORGANIZATION OFCOUNSELMEMBERSITIINGHON GEN UOTHC OTHERISSUESA94.11 A92.0lINDEXNOMBERA67.501ORDERAPPOINTINGTHEBOARD2APPLICATIONFORREVIEWOFDISCHARGE3 LETTEROF NOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASE TOTiffi BOARDADDmONALEXHffiITSSUBMITTEDATTIME OFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGHEAIUNGDATE CASENUMBER04Sep...

  • AF | DRB | CY2010 | FD-2009-00134

    Original file (FD-2009-00134.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge. The record indicates the applicant received two Article 15s, three Letters of Reprimand, two Letters of Counseling and three Records of Individual Counseling. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

  • AF | DRB | CY2014 | FD-2014-00194

    Original file (FD-2014-00194.rtf) Auto-classification: Denied

    GENERAL: Theapplicantappealsforupgradeofdischarge to honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompleted basedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataonthe applicantandthefactorsleadingtothe discharge.

  • AF | DRB | CY2015 | FD-2014-00497

    Original file (FD-2014-00497.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompleted basedontheavailable servicerecord. Theattached brief containsavailablepertinentdataontheapplicantandthefactorsleadingto thedischarge.

  • AF | DRB | CY2014 | FD-2014-00219

    Original file (FD-2014-00219.rtf) Auto-classification: Denied

    GENERAL: The applicantappeals forupgradeofdischargetohonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompleted basedontheavailable servicerecord.Theattachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.TheBoardfindsthatneithertheevidenceofrecordnorthatprovidedbytheapplicantsubstantiatesan inequity orimpropriety...

  • AF | DRB | CY2015 | FD-2013-00649

    Original file (FD-2013-00649.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappealsforupgradeofdischarge to Honorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedonthe availableservicerecord. Theattached briefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING: TheBoarddeniestheupgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinaryInfractions ...

  • AF | DRB | CY2015 | FD-2014-00263

    Original file (FD-2014-00263.rtf) Auto-classification: Denied

    GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereview becompleted basedontheavailable servicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.

  • AF | DRB | CY2003 | FD2003-00147

    Original file (FD2003-00147.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2003-00147 GENERAL: The applicant appeals for upgrade of discharge to Honorable, change of reason for discharge, and change of reenlistment eligibility (RE) code. (Change Discharge to Honorable) ISSUES ATTACHED TO BRIEF. Copies of the documents to be forwarded to the separation authority in support of this recommendation are attached.

  • AF | DRB | CY2015 | FD-2014-00339

    Original file (FD-2014-00339.rtf) Auto-classification: Denied

    GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2015 | FD-2014-00538

    Original file (FD-2014-00538.rtf) Auto-classification: Denied

    GENERAL:Theapplicant appealsforupgradeofdischargetoHonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniestheupgrade ofthedischarge.ISSUE:Theapplicant...