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SECRETARY OFTIIE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00344 |
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 - 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 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. The applicant's record of service included two Letters of Reprimand and one Record of Counseling. The misconduct included failing to obey order from Commander to not utilize Government Travel Card for unofficial use; receiving a DUI and disobeying a direct order.
The applicant contends that he suffers from Bi-polar/Schizoaffective disorder and believes that if he would have sought medical treatment while in the military, he would have received a medical discharge. Applicant states that he was afraid of being diagnosed as mentally unstable. At the time of notification of discharge, applicant waived his rights to counsel and did not submit statements on his behalf. After a review of the applicant's service treatment records, documents provided by applicant, and advice from the Mental Health Specialist, the DRB determined that the mental condition did not impair his ability to know right from wrong and it was not a significant contributing factor to the misconduct to the degree that it was a mitigating factor. The DRB opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. 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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AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL) GRADEX RECORD REVIEWADDRESSAND OR ORGANIZATION OFCOUNSEL _.....-- - - -..._,.,...... MEMBERSITTING GEN UOTHCOTHER DENYISSUESA93.23 AOl.43INDEXNUMBERA60.00ORDERAPPOINTINGTHE BOARDAPPLICATIONFORREVIEWOFDISCHARGE3LETTEROFNOTIFICATION4BRIEFOFPERSONNELFILE COUNSEL'SRELEASE TOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIMEOF PERSONAL APPEARANCETAPERECORDINGOFPERSONALAPPEARANCE HEARINGHEARINGDATE...
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