| INDEX NUMBER | |||
| 1 | ORDER APPOINTING THE BOARD | ||
| 2 | APPLICATION FOR REVIEW OF DISCHARGE | ||
| 3 | LETTER OFNOTJFICATION | ||
| 4 | BRIEF OF PERSONNEL FILE | ||
| COUNSEL'S RELEASE TO THE BOARD | |||
| ADDITIONAL EXHIBITS SUBMIITED ATTIME OF PERSONAL APPEARANCE | |||
| TAPE RECORDING OF PERSONAL APPEARANCE HEARING | |||
| REARING DATE 04 Sep 2014 |
CASE NUMBER FD-2014-00189 |
||
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00189 |
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. The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of 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 five Letters of Reprimand. His misconduct included causing a significant amount of smoke damage to his dorm room, failure to ensure adequate oxygen was available for a patient, driving under the influence of alcohol, failure to disclose the length of a scheduled appointment, disrespect to an Airman and NCO, and failure to go to ADAPT appointments.
Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he was on track to receive an honorable service characterization but it was changed by his First Sergeant because he missed an appointment. Applicant also submits that he was having a hard time with family/life stressors and began to drink to cope with the pressure that in tum ended up ruining his career. The Board found that the applicant's contention about service characterization is a common misconception. The applicant's First Sergeant is there to advise the commander on misconduct matters, but ultimately the decision is up to the commander. The Board opined many service members have issues in their personal life but they still properly adhere to the Air Force's standards of conduct. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. 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.
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. |
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