INDORSEMENT DATE: 6117/2015
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00403 |
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. 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 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 Article 15, one Vacation of Non-Judicial punishment, one Letter of Reprimand and two Letters of Counseling. His misconduct included failing to obey lawful order of NCO (2x's); failing to refrain from sleeping on duty; failing to obey order and disrespecting authority and dereliction of duty by failing to remain awake and complete frequency time change.
The applicant contends misconduct was due to several medical issues (anxiety, insomnia and suicidal thoughts). The Board, after reviewing the evidence in the personnel record, medical record and documents submitted by applicant, did not conclude that the preponderance of the evidence showed that anxiety or sleeping disorder caused the misconduct. It was revealed that there was never any mention of a sleep issue in the records prior to the misconduct and applicant did not seek treatment until he received paperwork for sleeping on duty. There was insufficient evidence to show a requirement for a MEB at the time applicant was undergoing administrative discharge. The applicant consulted legal counsel and this was not an issue the applicant made at the time, only stating that he has taken the steps to get better and would like to continue to serve or receive an Honorable service characterization. The Board concluded the discharge characterization was appropriate due to the misconduct. 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 |
AF | DRB | CY2015 | FD-2014-00579
GENERAL:Theapplicantappealsforupgrade ofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. The attachedbriefcontainsavailable pertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2009 | FD2006-00403
X=Change Reason and Authority and Reenlistment Code a “TO: SAF/MRBR SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 550 C STREET WEST, SUITE 40 1535 COMMAND DR, EE WING, 3RD FLOOR RANDOLPH AFB, TX 78150-4742 ANDREWS AFB, MD 20762-7001 AFHQ FORM 0-2077, JAN 00 (EF-V2) Previous CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2006-00403 GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for...
AF | DRB | CY2015 | FD-2014-00497
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompleted basedontheavailable servicerecord. Theattached brief containsavailablepertinentdataontheapplicantandthefactorsleadingto thedischarge.
AF | DRB | CY2015 | FD-2014-00481
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbe completedbasedontheavailableservicerecord. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2010-00403
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN “| o_/ TYPE GEN PERSONAL APPEARANCE xX | RECORD REVIEW NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES No X MEMBER SITTING HON GEN UOTHC | OTHER DENY i x | ; xX xX x 4 ISSUES A94.53 INDEX NUMBER A66.00 1 |ORDER APPOINTING THE BOARD 2 |APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S RELEASE TO THE...
AF | DRB | CY2015 | FD-2014-00642
GENERAL: The applicant appeals forupgradeofdischargeto Honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief contains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00070
GENERAL: TheapplicantappealsforupgradeofdischargetoGeneral. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel, atAndrewsAFBonJune 29, 2015. Therewerenoadditionalexhibitssubmittedatthehearing.
AF | DRB | CY2015 | FD-2013-00236
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, atAndrewsAFBonJune04,2015.Thefollowingadditionalexhibitsweresubmittedatthehearing:Exhibit #5: Applicant'sContentions/additional supportingdocumentsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00344
GENERAL: Theapplicant appeals forupgradeofdischarge toHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2010 | FD-2008-00403
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. FINDING: The Board denies the upgrade of the discharge. After a review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong or that in her three years of service she was unaware of the Air Force policy of zero tolerance to drug use.