AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2013-00236 |
GENERAL: The applicant appeals for upgrade of discharge to Honorable. The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on June 04, 2015. The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions/additional supporting documents 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 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 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. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board. The applicant's record of service included one Article 15, four Letters of Reprimand , and two Records of Counseling. His misconduct included failure to be on six ring telephone standby missile monitor duty, failure to complete Career Development Course in allotted time, failure to shave and failure to go on time (4x).
The applicant contends discharge was inequitable because it was too harsh. He stated that his misconduct was directly related to his mental health condition and sleep disorder. After review of the records, there was no indication the applicant suffered from a mental disorder at the time of his misconduct that would have mitigated his actions and rendered the discharge process improper or inequitable. The administrative actions taken against the applicant gave ample opportunities for him to change his negative behavior. The Board concluded the applicant's mjsconduct was a significant departure from conduct expected of all military members. 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.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedura l 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 . |
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AIRFORCEDISCHARGE REVIEWBOARD HEARINGRECORDNAMEOFSERVICEMEMBER(LAST, FlRSfMIDDLEINITIAL)(b) (6)GRADETYPE GEN I PERSONAL APPEARANCEx I RECORD REVIEW c:ocrcaa;NAMEOPCOUNSEi.. ANOOR ORGANIZATIONADDRESSANO OR ORGANIZATION OFCOUNSELYtSNoxMEMBERSITTINGVOTEOFTBEBOARDHONGENUOTHCOTHERDENY(b) (6)xxxxxISSUES A45.00 INOtXNUtBER A69.00 EXHIBITSSUBMl'ITl:DTOTHE BOARD1ORDERAPPOCNTCNGTHEBOARD2APPLICATIONFOR REVIEWOFDISCHARGE3LETIEROFNOTlfJCATION4BRIEF OFPERSONNELFlLECOUNSEL'SRELEASETO...
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AF | DRB | CY2015 | FD-2014-00386
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