Search Decisions

Decision Text

AF | DRB | CY2015 | FD-2014-00343
Original file (FD-2014-00343.rtf) Auto-classification: Denied


AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMB ER (LAST, FIRST MIDDLE INITIAL)     GRADE    AFSN/SSAN
(b} (6)   (b) (6)
TYPE GEN         I        PERSONAL APPEARANCE     x        I        RECORD REVIEW
COUNSEL  NAME OF COUNSEL AND OR ORGANIZATION      ADORF.SS AND OR ORGANll.ATION or COUNSEL
YES      No
x
VOTE OFTRE BOARD
MEMBER SITTrNHON      GEN      UOTllC   OTHER    DENY
(b) (6)  x
....
....     *        x
x
-
....     *        x
*        x
tSSllES  A67.10   INDt::X NUMBER   A47.00   EXHIBITS SUBMITTED TO THE BOARD
ORDER APPOINT ING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LEnER OF NOTlFICA TION
BRLEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITJONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE     CASE NUMBER

10 Mar 2015      FD-2014-00343
APPLICANTS ISSUE ANO THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON 'I HJ; ATIACHtD AIR ORCE DISCHARGE R&VIEW BOARD DECISIONAL RA'llONALE.

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.

* Signal


(b) (6)




INUUMSKMENT      UATI!:: /19/201         I
TO:      FROM:
SAF/MRBR         SECRETARY OFTllEAIR FORCE PERSONNEL COUJ\'CIL
AJR FORCE DISCHARGE REVIE:W BOARD
550 C STREET WEST, SUITE 40      1535 COMMAND OR, EE \\1NG , 3RD FLOOR
RANDOLPH AFB, TX 78150-4742      Ai'llDR£WS At'B, MD 20762 7001


AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous







CASE XUMBER

FD-2014-00343

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 upgrade of the discharge, to include the change of reason and authority for discharge, and change of reenlistment code.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of 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 cred ible 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 perti nent standards of equity and propriety.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does request consideration for an upgrade so that he may serve his country in the Oregon Air National Guard.
The applicant's record of service included an Article 15 for failing to pay his Government Travel Card while deployed, and an Article 15 for failing to maintain sufficient funds to cover an uttered check. The applicant's discharge record also included misconduct from the prior enlistment, which was considered only for retention purposes, in the form of two other Letters of Reprimand and an Article 15 for failing to pay just debt and failing to maintain sufficient funds to cover an uttered check. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.

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. The Board reviewed the entire record and found no evidence of
impropriety or inequity to warrant an upgrade of the discharge characterization, reason for the discharge or the reenlistment code. However, the Board highly recommends that if the applicant can provide additional documented information to shed further clarification on the misconduct and substantiate his claim that he has not had any other financial problems, that he should consider exercising his right to make a personal appearance before the Board. If the applicant chooses to exercise this right, he should be prepared to provide the ORB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any contributions to the community.

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

Similar Decisions

  • AF | DRB | CY2015 | FD-2015-00060

    Original file (FD-2015-00060.rtf) Auto-classification: Denied

    GENERAL:Theapplicant appealsforupgradeofdischarge toHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.

  • AF | DRB | CY2010 | FD-2010-00376

    Original file (FD-2010-00376.pdf) Auto-classification: Denied

    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 Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. The Board reviewed the entire record and found no evidence of impropriety or inequity...

  • AF | DRB | CY2010 | FD-2010-00343

    Original file (FD-2010-00343.pdf) Auto-classification: Denied

    FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...

  • AF | DRB | CY2014 | FD-2014-00211

    Original file (FD-2014-00211.rtf) Auto-classification: Denied

    AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDT,FIRSTMIDDLEINITIAL)GRADEX RECORDREVIEW AFSN/SSANADDRESSANOOR ORGANIZATION OFCOUNSELGEN UOTHC OTHER1ORDERAPPOINTINGTHEBOARD2APPLICATION FORREVIEWOF DISCHARGELEITEROF NOTIACATIONBRIEF OF PERSONNELALECOUNSEL'SRELEASETO TifE BOARDADDITIONALEXHIBITSSUBMITTED ATTIMEOF PERSONAL APPEARANCETAPE RECORDINGOFPERSONALAPPEARANCEHEARINGHEARINGDATE CASE NUMBER 04Sep 2014 FD-2014-00211 r 1-;\-"'::::'",•::-:" • t - t 1 \fi ,''• (:' -.,.,.- ,f ·r-;,i\j"°",1'· ,- --•I...

  • AF | DRB | CY2007 | FD2006-00317

    Original file (FD2006-00317.pdf) Auto-classification: Denied

    OISCIIARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3HI) FLOOR ANDREWS AFB, hlD 20762-7002 I (EF-V2) Previous edition will be used I AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE CASE NUMBER FD-2006-00317 GENERAL: The applicant appeals for upgrade of discharge to honorable. In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge, thus the applicant's discharge should not be changed. SERVICE UNDER REVIEW: a....

  • AF | DRB | CY2015 | FD-2014-00644

    Original file (FD-2014-00644.rtf) Auto-classification: Denied

    GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge ISSUE:...

  • AF | DRB | CY2010 | FD-2009-00177

    Original file (FD-2009-00177.pdf) Auto-classification: Denied

    FINDING: The Board denies the upgrade of the discharge and change of reason and authority for discharge, and change of reenlistment code are denied. Issue 2, Applicant contends the Board should take into account his post-service activities. However, the DRB opined that there was no relationship between the applicant’s illness and his misconduct and concluded the characterization of the discharge received by the applicant was appropriate.

  • AF | DRB | CY2015 | FD-2015-00312

    Original file (FD-2015-00312.rtf) Auto-classification: Denied

    GENERAL:Theapplicantappealsforupgradeofdischarge to Honorable. Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-UnsatisfactoryPerformance

  • AF | DRB | CY2003 | FD2003-00323

    Original file (FD2003-00323.pdf) Auto-classification: Denied

    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 —_, SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL $50.C STREET WEST, SUITE 40 AIR FORCE DISCHARGE REVIEW BOARD ’ 1535 COMMAND DR, EE WING, IRD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7002 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous edition will be used CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL...

  • AF | DRB | CY2002 | FD2002-0156

    Original file (FD2002-0156.pdf) Auto-classification: Denied

    CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE GENERAL: The applicant appeals for upgrade of discharge to Honorable. Applicant was discharged for misconduct, commission of a serious offense. In his written statement, AB aga@i¥requests that he not be discharged from the Air Force or if he is discharged, then he asks that he receive an honorable discharge.