| TYPE HON | I PERSONAL APPEARANCE | x I RECORD REVIEW |
| COIDlllllL | NAME OF COUNSEL AND Oil Oll.CANIZATIOH | ADDRESS AN!> OR ORGAN11.ATIO OF COUNSEL |
YES
Ho
x
VOTE OF THE BOARD MEMBER SITTING HON GEN UOTHC OTHER DENY
(b)(6)
x
x x
x x
ISSUES
A94.SS
INDEX l'(UMIER
A28.10
'
EXHIBITS SUBMITTED TO THE BOARDORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOT!FICATJON BRJEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING BEARING DATE CASE HUMJIER 13 May 2015 FD-2014-00156 APPLICA'.lf'SISSUE AND 1llEBOARD'SDECISIONAL RATIONALE ARE DISCUSSED ON IllBATTACHED A1ll FOllCE DISOIAJWE REVIEW BOARD DECISIONAL AATIONALE. I
I
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. (b) (6) |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00156 |
| 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 Board denies the change of reason and authority for discharge and change of reenlistment code.
ISSUE: The applicant received a Honorable discharge - Conditions that Interfere with Military Service: Mental Disorder
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 appllcant' s record of service included one Article 15 for underage consumption.
Although not explicitly stated, the applicant contends the discharge was inequitable because it was based on one isolated incident and he believes that he did quite well during his time in the service. The applicant would also like to join the Air National Guard if his request is approved. The Board notes that on the applicant's DD293, he states that he received a General discharge and requested an Honorable.· The DD214
received by the applicant and IAW the Notification of Discharge dated June 22, 2012, the applicant received an Honorable discharge and the DD214 reflects Honorable. The applicant was diagnosed with alcohol abuse
so severe that the ability to function effectively in the military environment was significantly impaired. The applicant refused to engage in any type of therapeutic intervention for the identified mental health issues (Alcohol abuse). It is Air Force policy that personnel who do not respond favorably to rehabilitation should be considered for appropriate separation action. When submitting the application, no evidence was provided to the Board for consideration to show that this is no longer an issue. The applicant waived his rights to submit statements at the time of discharge notification. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant a change of narrative reason or the reenlistment code. 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.
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 to change the reason and authority for the discharge or the reenlistment code and determines it should remain unchanged.
Attachment: Examiner's Brief |
AF | DRB | CY2010 | FD-2009-00156
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+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY *CHANGE RE CODE SAF/MRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2011-00004 GENERAL: The applicant appeals to change the reason and authority for the discharge and to change...
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AF | DRB | CY2015 | FD-2014-00411
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 | CY2013 | FD-2013-00352_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.Theapplicant wasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.TheBoardfindstheapplicantsubmittednoissuescontestingtheequityorpropriety...
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