AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00398 |
GENERAL: The applicant appeals for upgrade of discharge to Honorable, a change to the narrative reason 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, change of the narrative reason and change of reenlistment code.
ISSUE: The applicant received an Entry Level Separation for failure to progress in training.
The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an applic.ant'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 one Letter of Reprimand and three Letters of Counseling. His misconduct included failure to study with his study group as directed (2x), failure to study at least two hours as directed, lying to an NCO, disrespecting an NCO and failure to refrain from talking during a progress check.
The applicant contends that his discharge was erroneously identified as entry level separation due to serving a total of 182 days. He also claims that his re-enlistment code should be changed to reflect involuntary separation versus entry level separation. The records indicate the applicant was notified of discharge on January 13th, 2012, his 167th day of total active military service, therefore discharge under AFI36-3208 paragraph 5.22.2.3, entry level separation was appropriate. The notification date is the date used to determine entry level separation discharges. A discharge is upgraded only if the applicant and the DRB 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, reason for the discharge or the reenlistment code.
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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