AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00345 |
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 grants the requested relief.
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. The applicant's record of service included six Letters of Reprimand and five Letters of Counseling. Her misconduct included dereliction of duty on multiple occasions; failing dorm inspection on multiple occasions; failure to complete assigned tasks in a timely manner; failure to thoroughly study CDCs; failure to meet assigned deadlines, lack of communication and failure to abide by established standards.
The applicant submitted no issues regarding the inequity or impropriety of her discharge. The applicant does submit that she would like her characterization to reflect an Honorable discharge due to her VA rating of 50 percent. The Board reviewed the entire record and found evidence where medical authorities were aware of her medical issues as documented in Service Treatment Records. While the applicant's mental condition did not impair her ability to know right from wrong or ability to choose the right, the Board concluded her condition was related to her behavior to the degree that the Board concluded a General characterization was too harsh in relation to the severity and nature of the offenses and opines that the evidence of the record indicates the applicant's service is more accurately reflected as Honorable.
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.
However, in view of the foregoing findings, the Board further concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge. The applicant's characterization should be changed to Honorable under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief |
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* MEl\<lBER SITTING HON GEN uowc OTHER DENY x xx ;ssurs A94.0S INDEXNUMBER A67.10 s.,.J IJSMITn. ;DTODIEBOARD •" 'ill 1ORDERAPPOINT INGTIJEBOARD2 APPLICATION FOR REVlEWOFDISCHARGELETIEROF NOTlfJCATIONORIEFOFPERSONNEL FILE COUNSEL'SRELEASETOTHEBOARDADDITIONALEXHIBITS SUDMITIED ATTIME OF PERSONALAPPEARANCETAPE RECORDINGOFPERSONALAPPEARANCEHEARINGHEARING DATE CASENUMBER05 Nov2014 FD-2014-00080 j UPUC'SL'lIJE...
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AIRFORCEDISCHARGEREVIEWBOARDHEARINGRECORDNAMEOFSERVICEMEMBER(LAST,FIRSTMIDDLEINITIAL) GRADE AFSN/SSAN TYPE GEN x PERSONALAPPEARANCE RECORDREVIEWNAMEOF COUNSELANDORORGANIZATION ADDRESSAND ORORGANIZATIONOFCOUNSELxMEMBER SITTING UOTHC OTHER DENY X*+ X* +X*+ISSUESA94.05 A93.09 INDEX NUMBERA67.10X*+ORDERAPPOINTINGTHEBOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION 4 BRIEFOFPERSONNELFILE COUNSEL'SRELEASETOTHEBOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF...
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|APPLICATION FOR REVIEW OF DISCHARGE 3 |LETYER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE __ COUNSEL’§ RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEARANCE HEARING HEARING DATE CASE NUMBER 07 Dec 2009 FD-2008-00577 APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL: RATIONALE ARE DISCUSSED ON THE ATTACHED AIR. A tender consideration is the process of reviewing a projected personal appearance case to determine if the board would...
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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD GRADE AFSN/SSAN RECORD REVIEW ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY X*+ | ny x + * L X+ * X*+ X*+ ISSUES A94.06 INDEX NUMBER A67.50 A93.22 1_|ORDER APPOINTING THE BOARD 2_ | APPLICATION FOR REVIEW OF DISCHARGE 3. The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant’s Contentions Exhibit #6: Department of Veterans...