| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||||||
| NAME OF SERVICE MEIBER (LAST, Fl RST MIDDLE INITIAL) (b) (6) |
GRADE | AFSNISSAN (b) (6) |
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| TYPE GEN | I PERSONAL APPEARANCE | x I RECORD REVIEW | ||||
| COUNSEL | NAME Of COUNSELANO OR ORGANl7.A'flON | AODRSS AND OR ORGANll.ATION OFCOUl'SEL | ||||
| YF.S | N• | |||||
| x | ||||||
| VOTE OF THE BOARD | ||||||
| HON | GEN | UOTHC | OTHER | DENY | ||
| (b) (6) | x | |||||
| x | ||||||
| x | ||||||
| x | ||||||
| x | ||||||
| ISSUES A95.00 A94.57 | INDEX NUMBER |
EXHIBITS SUBMITTED TO THE BOARD | ||||
| I | ORDER APPOINT ING THE BOARD | |||||
| 2 | APPLJCATION FOR REVIEW OF DISCHARG E | |||||
| 3 | LETTER OF NOTIFICAT ION | |||||
| 4 | BRIEF OF PERSONNEL FILE | |||||
| COUNSEL'S RELEASE TO THE BOARD | ||||||
| ADDITIONAL EXllIBITS SUBMITTED AT TTME OF PERSONAL APPEARANCE | ||||||
| TAPE RECORDING OF PERSONAL APPEARANCE HEARING | ||||||
| HEARING DATE 10 Mar 2015 |
CASE NUMBER FD-2014-00365 |
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| APPLICANT'S ISSUE AND 11lE BOARD'S DECISIONAL RATIOt-IALE ARE DISCUSSED ON 11-IEATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIO'<AL RAnONALE 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. (b) (6) tNDORSl:MEN 1 DATE: 3/20/2015 |
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| TO: SAFIMRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 |
SECRETARY OF THE AIR FORCE PERSOXNEL COUNCIL MR FORCE OISCllARGE REVIEW DOARD 1!\15 COLllAl'D DR. EE Wll'G, 3RD FLOOR ANOR£WS AfB. MU 207,2--7001 |
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| AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00365 |
GENERAL: The applicant appeals for upgrade of discharge to Honorable.
The applicant was offered a personal appearance before the Air Force Discharge Review Board (ORB) but declined and requests that the review be completed based on the available service record.
The attached brief contains available perti nent data on the applicant and the factors leading to the discharge.
FINDING: The Board denies the upgrade of the discharge. 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 - Drug Abuse
The DRB, under its responsibility to examine the propriety and equity of an Applicant' s discharge, is authorized to change the characterizat ion 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 cited his desire to receive the G.I. Bill benefits as justificat ion for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 13 November 2009) indicating that he understood he must receive an Honorable discharge to receive future educational entitlements. The record indicates that the applicant was discharged for Misconduct-Drug Abuse. He received a an Article 15 for wrongful use of Marijuana, in addition to a Letter of Reprimand (LOR) for failing to go to appointed place of duty while deployed, an LOR for failing to maintain proper hygiene and being disrespectful to two SNCOs, an LOR for failure to obey lawful order, a Letter of Counseli ng for failing to shave, and an Article 15 for failing to go to appointed place of duty and being disrespectful to two SNCOs. 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 review of the record , the Board found no evidence to indicate that the applicant did not know right from wrong or that in his four years of service was unaware of the Air Force policy of zero tolerance to drug use; or any evidence to justify an upgrade of the discharge characterization. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. The Board found the negat ive aspects of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedura l 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 |
AF | DRB | CY2012 | FD-2012-00048
GENERAL:Theapplicantappealsforupgradeofdischargeservicecharacterization tohonorable,to changethereasonandauthorityforthedischarge,andtochangethereenlistmentcode. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00584
GENERAL: The applicant appeals forupgrade of discharge to honorable, to change the reason and authorityfor thedischarge,andtochangethereenlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservice record.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequestfortheupgradeofthedischarge,tochangethereasonandauthorityfordischarge,...
AF | DRB | CY2015 | FD-2015-00042
GENERAL: Theapplicantappealsforupgrade ofdischargetoHonorable. Theapplicantwasofferedapersonalappearancebefore theDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD-2014-00193
GENERAL:The applicantappealsforupgradeofdischarge tohonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthe factorsleadingtothe discharge. FINDING: TheBoarddeniestheupgradeofthedischarge.TheBoardfindsthatneithertheevidenceofrecordnorthatprovidedbytheapplicantsubstantiatesan inequityorimpropriety...
AF | DRB | CY2015 | FD-2014-00552
GENERAL:The applicantappeals forupgradeofdischarge to Honorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompletedbasedontheavailable servicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE:TheapplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinaryInfractionsTheAirForceDischargeReviewBoard,underits...
AF | DRB | CY2013 | FD-2013-00268_13
GENERAL:Theapplicantappeals forupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthe discharge.ISSUE: ApplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinary...
AF | DRB | CY2003 | FD2003-00365
The characterization of the discharge received by the applicant was found to be appropriate. SERVICE UNDER REVIEW: a. Enlisted as AB 8 Jun 92 for 4 yrs. As a result, you received a Letter of Counseling (LOC), dated 24 Jan 94.
AF | DRB | CY2015 | FD-2014-00502
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonand authorityforthedischarge.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischargeandchange ofreasonand authorityfordischarge...
AF | DRB | CY2015 | FD-2014-00665
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(ORB),withoutcounsel,at AndrewsAFBonMarch12,2015 Thefollowingadditionalexhibitswere submittedatthe hearing: Exhibit#5:Applicant'sadditionalmedicaldocumentsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00155
GENERAL: Theapplicantappealsforupgradeof dischargeto Honorableandchangeofauthorityfordischarge,andchange ofreenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservice record. The attachedbriefcontains availablepertinentdataontheapplicantandthefactorslead ing tothedischarge.