AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00497 |
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.
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 - Civil Conviction and Pattern of Misconduct - Conduct Prejudicial To Good Order And Discipline
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 . 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 applicant's record of service included a vacation of suspended non-judicial punishment, action which was a direct result of a civil conviction, one Article 15, three Letters of Reprimand, and two Letters of Counseling within 24 months of service. His misconduct included failing to provide registration and reckless driving; not present at time or place of duty; failure to maintain radio discipline IAW standards and lying about it; carrying and using cell phone while on duty disregarding SF Operating Instructions; failure to obey a lawful order; issued two court summons for speeding; being arrested and detained for two days by local police for DWI, eluding/disregarding a police officer while speeding and driving while drunk/reckless driving on a suspended license (2x's).
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant contends that he should not be penalized indefinitely for mistakes he made at the time of his discharge. The applicant made claim that his untreated depression and anxiety contributed to a short, temporary time period where he made a couple of poor decisions. After a thorough review of the record, the Board found no evidence which links any medical conditions as a contributing factor to his misconduct. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his behavior. The DRB concluded that the characterization of the applicant's discharge 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. |
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