| 1 | ORDER APPOINTING THE BOARD | ||
| 2 | APPLICATION FOR REVIEW OF DISCHARGE | ||
| 3 | LETTER OF NOTIFICATION | ||
| 4 | BRIEF OF PERSONNEL FILE | ||
| COUNSEL'S RELEASE TO THE BOARD | |||
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANC E | |||
| TAPE RECORDIN G OF PERSONAL APPEARANCE HEARING | |||
| lll!A.RINC DATE 01 May 2014 |
CASE NUMBER F0..2014-00196 |
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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. * Change Narrative Reason + Change RE Code |
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TO: SAF/MRBR 550 C STREET WEST, SUITE 4-0 RANDOLPH AFB, TX 7815-0-4742 |
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| SECRETARY OPTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCIIARC! REVIEW BOARD 1535 COMMAND DR, EE WING,JRD FLOOR ANDREWS A I'll,MD :w76l-7001 |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00196 |
GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change 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 request for upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code are denied.
ISSUE: Applicant received a General discharge for Misconduct: Minor Disciplinary Infractions.
Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for falsifying a New Mexico driver's license application and a Letter of Reprimand for DUI, unsafe lane change, and speeding without a license. In reference to the LOR, the Applicant submitted a copy of the New Mexico court decision stating the charges were dismissed. Although, the case was dismissed, it is clear by investigation and evidence in the case file that the offense in question actually happened. The Board concludes that the misconduct was a significant departure from the conduct expected of all military members. The Board concludes that the characterization of discharge, authority for discharge, and the reenlistment code were appropriate.
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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