| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||||||
| NAME OF SERVICE MEMBER (LAST, FlRSf MIDDLE INITIAL) (b) (6) |
GRADE | |||||
| TYPE GEN | I PERSONAL APPEARANCE | x I RECORD REVIEW | ||||
| c:ocrcaa; | NAME OP COUNSEi.. ANO OR ORGANIZATION | ADDRESS ANO OR ORGANIZATIO N OFCOUNSEL | ||||
| YtS | No | |||||
| x | ||||||
| VOTE OFTBEBOARD | ||||||
| HON | GEN | UOTHC | OTHER | DENY | ||
| (b) (6) | x | |||||
| x | ||||||
| x | ||||||
| x | ||||||
| x | ||||||
| ISSUES A45.00 | I NOtX NU tBER A69.00 | EXHIBITS SUBMl'ITl:D TO THE BOARD | ||||
| 1 | ORDER APPOCNTCNG THE BOARD | |||||
| 2 | APPLICATION FOR REV IEW OF DISCHARGE | |||||
| 3 | LETIER OF NOTlfJCATION | |||||
| 4 | BRIEF OF PERSONNEL FlLE | |||||
| COUNSEL'S RELEASE TO THE BOARD | ||||||
| ADDITIONAL EXHIBITS SUBMITTED AT TIME Of PERSONAL APPEARANC E | ||||||
| TAPE RECORDING Of PERSONAL APPEARANC E HEARING | ||||||
| HEARING DATE 21 May 2015 |
CASE NUMBER FD-2014-00411 |
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| APPIJCAln"S ISSUEAND1HI! llOAllD'S DICISIONAL RATIOllALEARE DISCUSSl!DONTlll! A1TACHl!D AIJt RJltCl!lllSCllAJl(I! ltJ!VmW BOARDDlllCISIOllAL RATIONALE. | ||||||
| Case heard in Washington, D.C. 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) - | ||||||
| INDORSEMENT DATE: 6117/201.S | ||||||
| TO: SAF/MRBR 550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 |
FROM: SECRETARY OF THE AIR FORCEPERSONNEL COUNCIL AIR FORCE DlCHARGt IU:VI EW BOARD 153S COMMAND DR. EE WING, JRO fl.OOR ANDREWS AFB, Ml> 20762-7001 |
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| AFRQ FORM 0-2077, JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00411 |
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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 -Alcohol Treatment Program Failure
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 and one Letter of Reprimand. The misconduct included being incapacitated for proper performance of duty due to previous overindulgence and being arrested for DWI by local law enforcement.
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does state that while stationed in Alaska, it caused major depression in his life which led to his drinking. Applicant was first seen in ADAPT June 5, 2002 and there is evidence in records that his dependence on alcohol began at the age of 17, four years prior to joining the military and being stationed in Alaska. In most cases, applicants will not be discharged for treatment in the ADAPT program but can be administratively discharged when a person fails or refuses treatment. Applicant's discharge was appropriately characterized as General due to the misconduct which was alcohol related. The Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. 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.
Inview 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-2014-00323
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebefore theDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge. FINDING: TheBoarddeniestheupgradeof thedischarge. ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-Drug AbuseTheAirForceDischargeReviewBoard,...
AF | DRB | CY2015 | FD-2015-00080
GENERAL: Theapplicantappealsforupgrade ofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00564
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonal appearance before theDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: Therequested relief isgranted; however,theBoard denied thechangetothereason forthedischargeandthereenlistmentcode.
AF | DRB | CY2015 | FD-2014-00681
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischarge forMisconduct...
AF | DRB | CY2015 | FD-2014-00592
GENERAL: Theapplicantappealsfor upgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: The Boarddeniestheupgradeof the discharge. ISSUE: TheapplicantreceivedaGeneraldischargefor Misconduct -ConductPrejudicialtoGoodOrderandDiscipline.TheAirForce...
AF | DRB | CY2010 | FD-2008-00566
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN po AB TYPE GEN | PERSONAL APPEARANCE RECORD REVIEW _ COUNSEL.) FINDING: The Board denies the upgrade of the discharge. AFI 44-121, Alcohol and Drug Abuse Prevention and Treatment (ADAPT) Program, paragraph 3.8.1 states that commanders shall refer all service members for assessment when substance abuse is suspected to be a contributing factor in any incident, such as DUI.
AF | DRB | CY2015 | FD-2014-00481
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbe completedbasedontheavailableservicerecord. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00556
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebeforetheDischargeReviewBoard (ORB)butdeclinedandrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2015-00120
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable orGeneral. Theapplicantwasofferedapersonalappearancebefore theDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00688
GENERAL:Theapplicantappeals forupgrade ofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinent dataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoard...