CASE XUMBER FD-2014-00343 |
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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. |
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GENERAL:Theapplicant appealsforupgradeofdischarge toHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2010-00376
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...
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AF | DRB | CY2014 | FD-2014-00211
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
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....
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AF | DRB | CY2010 | FD-2009-00177
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
GENERAL:Theapplicantappealsforupgradeofdischarge to Honorable. Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-UnsatisfactoryPerformance
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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...
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