AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00673 |
GENERAL: The applicant appeals for upgrade of discharge to Honorable, a change to reason and authority for the discharge, and a change to the reenlistment code.
The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference between Andrews AFB Maryland, and Randolph AFB Texas, on 20 November 2014.
The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant's Contentions
The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.
FINDING: The Board grants the requested relief of the discharge characterization and narrative; however, the request for change to the re-enlistment code is denied.
ISSUE: The applicant received a General discharge for a Pattern of Misconduct - Conduct Prejudicial to Good order and Discipline.
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 characterization 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 completed 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 and one Letter of Counseling. His misconduct included failure to shave, failure to have a current shaving waiver, and failure to pay his government travel card on time.
The applicant contends that the discharge was an act of reprisal based on an incident where he informed his leadership of filing an IG complaint. The Board opined that the evidence contained in the record and obtained from the hearing does not support the applicant's claim that the discharge was based on reprisal. However, after a thorough review of the record and the information supplied by the applicant, the DRB determined there is sufficient evidence to support an issue of inequity. Although the Board does not condone the applicant's misconduct, the Board did find the discharge to be harsh. As such, the Board grants upgrade of discharge to Honorable, and change of reason and authority for discharge; however, the Board denies the change of reenlistment code.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation, was within the discretion of the discharge authority, and that the applicant was provided full administrative due process. However, in view of the foregoing findings, the Board concludes that the overall quality of the applicant's service is more accurately reflected by an Honorable service characterization and the reason for discharge is more accurately described as Secretarial Authority.
Attachment: Examiner's Brief |
AF | DRB | CY2014 | FD-2014-00466
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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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