AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00166 |
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 in the Interest of National Security
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 .
Although not explicitly stated, applicant contends discharge was improper due to NGB not properly following AFI 36-3209 para. 3.22 (entitled to a hearing by an administrative discharge board). Applicant states that he was never notified of administrative board proceeding. The records indicate the applicant was discharged from the New York ANG IAW AFI 36-3209, para. 3.22.1, Discharge in the Interest of National Security (inability to procure a security clearance). The Board found applicants contention to be without merit. Included in applicant's record is a copy of the USPS tracking showing applicant failed to "sign" for the Notification Memorandum recommending discharge and his entitlement to an administrative discharge board. The notification was sent to the last known address for applicant and is also the same address where applicant was in receipt of NGB Form 22, Report of Separation and address sent to our office on DD 293. IAW AFI 36-3209, para. 4.6, failure or declination to respond, a respondent 's rights are deemed waived when he "fails to acknowledge receipt of the LON." 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 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 |
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