TO:
FROM:
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AIR H)RO: DISCIL\RCE RE\1EW BOARD
550 C STREET WEST,SUITE 40
l.S CO\l\IA1'0 OR. £.E\\ 1:0-C, JRO tl..OOR
RANDOLPH AFB,TX 78150-4742
Al\ORE\\SA.-S. MO 207'2-7001
AFHQ FORM 0-2077, JAN 00
(Ef-V2)
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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00263 |
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.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.
ISSUE: The applicant received a General discharge for Misconduct - Commission of a Serious Offense
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 Letters of Reprimand (LOR) for drunk or reckless driving, fleeing the scene of an accident and disorderly conduct; one LOR for Driving Under the Influence (DUI) and being involved in a privately owned vehicle accident; and an Article 15 for failure to refrain from using GTC for unauthorized purposes.
The applicant contends his discharge was improper because it was based on a DUI that was dropped. He also claimed the Las Vegas Police Officer who stopped him was dismissed due to "several false accusations." As noted above, the records indicated the applicant received two separate administrative actions for his actions while inebriated. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. They also believed that the applicant's misconduct was a significant departure from conduct expected of all military members. The Board reviewed the entire record and found that neither the evidence at hand or that presented by the applicant present any evidence of impropriety or inequity to warrant an upgrade of the discharge. 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, reason for the discharge or the reenlistment code.
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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Advisc applicant of the decision of the Board, tlie right to a personal appearance with/without counsel, and the right to submit an application to the AFBCWIR TO: SAFIMRBR 550 C STREET WEST, SIJlTE 40 RANDOLPH AFB, 'I'X 78 150-4742 FHOM: SECRETARY O F THE AIR FORCE PEKSONREL COUNCIL AIR FORCE UISCIIARGE KEVlEW BOARD 1535 COMMAND DR, EE WINC, 3RD FLOOR ANI)KF.WS AFR, MI) 211782-70112 INDORSEMENT DA% 3/5/2007 AFHQ FOKM 0-2077, JAN 00 (EF-V2) Previous edition will be used AIR FORCE DISCHARGE...
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