AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00216 |
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 Misconduct -Drug Abuse
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 for failure to go to duty on time (2x's). Applicant also received a Special Court Martial where she was found guilty on the specification of using Ecstasy.
The applicant contends discharge was improper; stating that her Expiration of Term of Service (ETS) of November 8, 2013 was the same date as her court martial and she should have received an Honorable discharge. She cited her reasoning as AFI 36-3208 para. 2.8, which states "Airman are not allowed to be retained beyond ETS involuntarily for completion of involuntary discharge processing."Applicant also states that she requested a Chapter 4, Discharge in Lieu of Court Martial, but that was denied. After a thorough review of the records, applicant was extended on August 13, 2013 to February 12, 2014 IAW AFI 36-21 10, Table 2.1, rule 8, code 15, which places member on hold due to "member [being] under criminal charges and (or) awaiting trial by military court martial." Deferment period for this hold action will be date of charges preferred plus 6 months. Due to the sentencing from applicant's Special Court Martial (specifically 90 days confinement), applicant was extended a second time on February 6, 2014 IAW AFI 36- 3208, para. 1.9.1., which states, "once court martial charges have been preferred, do not administratively discharge an airman until ..."after conviction, the appellate review is final." The fact that applicant believes she was held beyond her ETS for the execution of an involuntary discharge action is incorrect. The member was extended due to pending court martial charges; which in fact are two different reasons. An impropriety may be found when an error of fact, law or procedure exists associated with the discharge whereby there is substantial doubt that the discharge would have remained the same had the error not been made, constituting prejudicial error. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members and found no evidence to justify an upgrade of the discharge characterization, the characterization of the discharge received by the applicant was found to be appropriate.
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. |
AF | DRB | CY2006 | FD2006-00337
3RD FLOOR ANDREWS AFB, ~ ~ ' 2 0 7 6 2 - 7 0 0 2 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00337 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge. The applicant's discharge characterization should be changed to Honorable and the reason and authority changed to Expiration of Term of Service under AFI 36-3208, para. Any...
AF | DRB | CY2015 | FD-2014-00396
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischarge forMisconduct...
AF | DRB | CY2006 | FD2005-00421
The basis for her discharge action was an Article 15 for wrongful use of a schedule 111 controlled substance, Vicodin. The characterization of the discharge received by the applicant was found to be appropriate. You have been scheduled for medical examinations.
AF | DRB | CY2015 | FD-2014-00692
GENERAL: TheapplicantappealsforupgradeofdischargetoGeneral. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdata ontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00477
GENERAL: Theapplicantappealsforupgradeofdischargetochangethereasonandauthorityforthedischarge,andtochangethe reenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthereviewbecompletedbasedonthe availableservicerecord. inviewoftheforegoing find ings:theBoardconcludesthatapplicanf sreenlistmentcodeis moreaccuratelyreflectedas 3Kandshouldbe changedunderthe provisionsof TitleI 0,USC1553.
AF | DRB | CY2015 | FD-2015-00104
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORDNAMtOFSERVICE MEMBER(LAT,FIRSl'MIDDLE INITIAL)(b)(6)GRADETYPE GEN I PERSONALAPPEARA CE x I RECORD REVIEW COl.'NSELNA!IEor COll:O.SEL ""'DORORCA.IZUIOSADORE A'.DORORCA. 7.ATI0:-0OFCOIJ);SELYESNoxMEMBER SITTINGVOTE OFTHEBOARDllONGr:NUOTllCOTHERDENY(b)(6)xxxxxISSUES AOl.01 INUt..XNUJ\18tK A67.30A52.00EXHIBITS SUBMITTEDTOTH£BOARDlORDl:.RAPPOINIINGTlll:.BOARD2APPLICATION FORREVIEWOFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILECOUNSEL'S...
AF | DRB | CY2013 | FD-2013-00645
AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSI'MIDDLEINITIAL)GRADEPERSONALAPPEARANCEx RECORDREVIEW ADDRESSA. ORORGANIZATIONOPCOUNSELMEMBERSITIINGGEN UOTHC OTHERDENYISSUES A94.SS INDEXNUMBERA67.SO •I 1ORDERAPPOINTINGTIIEBOARD2APPLICATIONFORREVJEWOFDISCHARGE3 LETTEROFNOTlFICATION4BRIEFOFPERSONNELFILECOUNSEL'SRELEASETOTHEBOARDADDmONALEXHIBITSSUBMITTEDATTIME OFPERSONALAPPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGH£ARJNCDATE CASENUMBER05Feb2014...
AF | DRB | CY2015 | FD-2014-00750
GENERAL: TheapplicantappealsforanupgradeofdischargetoHonorableandachangeofreasontothenarrative.The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdecl ined andrequeststhatthe reviewbe completedbasedonthe available servicerecord.Theattachedbrief contains availablepertinent data ontheappl icant and thefactors lead ing tothe discharge. FINDING: The Board denies the upgrade of the discharge and change of reason and autho1ity for discharge. ISSUE:...
AF | DRB | CY2003 | FD2002-0420
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD02-0420 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The records indicated the applicant received a General Discharge for Misconduct — Drug Abuse after being found guilty by a Special Court Martial for wrongfully using cocaine and methamphetamines. SERVICE UNDER REVIEW: ‘a.
AF | DRB | CY2003 | FD2002-0174
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE} pp97-90339 GENERAL: The applicant appeals for upgrade of discharge to honorable. Member subsequently reported her husband’s drug abuse to her First Sergeant; he referred her to family advocacy. Receipt of Notification Memorandum, 12 Feb 02 b. Member’s Response, 19 Feb 02 * 99/89/2082 = 13:37 Fd 2c02- 2 ID NR.