AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2012-00491 |
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: The applicant received a General discharge for Unsatisfactory Participation
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 substantiaI 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 does not include a discharge package, but only NGB Form 22 for a General discharge for non-participation effective 25 September 2003.
Applicant contends her discharge was improper because she believes that she was discharged because of her pregnancy. She states that her unit did not want to provide new uniforms for her two remaining drill weekends. Upon review of the record , the Board was unable to find any documentation regarding the discharge. Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct was a significant departure from the conduct expected of all military members. The Board relies on the presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were appropriate.
The Board highly recommends that if the applicant can provide additional documented information to substantiate her issue(s), that she should consider exercising her right to make a personal appearance before the Board. Ifthe applicant chooses to exercise this right, she should be prepared to provide the DRB with factual evidence of the inequity/impropriety.
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.
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 |
AF | DRB | CY2013 | FD-2013-00491_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable,tochangethereasonand authorityforthedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestfortheupgradeofthedischarge,tochangethereasonandauthorityfordischarge,...
AF | DRB | CY2015 | FD-2015-00105
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforethe Discharge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2010 | FD-2010-00420
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD AFSN/SSAN PERSONAL APPEARANCE xX RECORD REVIEW [AME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY x xX x x aac x ISSUES A93.23 INDEX NUMBER AO7. The Board found that the applicant’s contention pertaining to her mental disorders had no merit. After a thorough and complete review of her medical records, the Board was unable to...
AF | DRB | CY2009 | FD2007-00404
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AFSN/SSAN = TYPE GEN | PERSONAL APPEARANCE 4 RECORD REVIEW 4] NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL Bea oe MEMBER SITTING HON GEN uoTHC | OTHER | DENY — xX x x x x 7 =e ISSUES A92.01 INDEX NUMBER A67.10 ee : E t 94.05 1 |ORDER APPOINTING THE BOARD 2. The Board concluded that the negative aspects of the applicant’s service outweighed the positive...
AF | DRB | CY2010 | FD-2008-00545
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) TYPE GEN | PERSONAL APPEARANCE X RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL AFSN/SSAN NAME OF COUNSEL AND OR ORGANIZATION VOTE OF MEBs GEN UOTHC OTHER DENY _ EXHIBITS SUBM ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL. FINDING: The Board denies the upgrade of the discharge. The Board finds that neither the evidence of...
AF | DRB | CY2015 | FD-2012-00410
GENERAL: TheapplicantappealsforupgradeofdischargetoGeneral.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge ISSUE: Theapplicantreceiveda BadConductDischargeTheAirForceDischargeReviewBoard,underitsresponsibility...
AF | DRB | CY2009 | FD2008-00203
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) PERSONAL APPEARANCE NAME OF COUNSEL AND OR ORGANIZATION TYPE GEN AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE SRA AFSN/SSAN x RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY X X Xx X X ISSUES A94.05 INDEX NUMBER A67.10 ee A I ae 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...
AF | DRB | CY2009 | FD2008-00034
X — Upgrade and Reason for Discharge f) — SIGNATURE OF BOARD PRESIDENT "7" P” INDORSEMENT > SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2008-00034 GENERAL: The applicant appeals for upgrade of discharge to honorable and to...
AF | DRB | CY2013 | FD-2013-00268_13
GENERAL:Theapplicantappeals forupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthe discharge.ISSUE: ApplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinary...
AF | DRB | CY2009 | FD2008-00471
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AIC TYPE GEN | PERSONAL APPEARANCE x RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL The American Legion . ~ see ee ees MEMBER SITTING HON GEN UOTHC OTHER DENY X*+ L — _ | —__| [ xt X*t+ X*+ ISSUES A94.05 INDEX NUMBER A67.10 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION (a BRIEF OF...