| AJR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||||||
| NAME OF SERVICE MEMBER (LAST, FIRST Ml DOLE IN IT"IAL) (b)(6) |
GRADE | |||||
| TYPE GE | I PERSONAL APPEARANCE | x I RECORD REVIEW | ||||
| COIJNSEL: | NAME or COUNSEL AND OR ORGAN17- TION | ADDRESS AND OR ORCANIZATION OF COUNSEi,. | ||||
| YES | No | |||||
| x | ||||||
| VOTE OF THE BOARD | ||||||
| HON | GEN | UOTHC | OTllER | DENY | ||
| (b)(6) | x | |||||
| x | ||||||
| x | ||||||
| x | ||||||
| x | ||||||
| ISSUES A94.53 | 11''0£;\ NU)18£R |
EXHIBITS SUBMI1TED TO THE BOARD | ||||
| 1 | ORDER APPOINTING THE BOARD | |||||
| 2 | APPLICATION FOR R EVIEW OF OISC'llARGE | |||||
| 3 | LETTER OF NOTIFICAT ION | |||||
| 4 | BR IEF OF PERSONNEL FILE | |||||
| COUNSEL'S RELEASE TO THE BOARD | ||||||
| ADDITIONA L EXHIBITS SUBMITTED /\TTIME OF PERSONAL APPEARANCE | ||||||
| TAPE RECORDING OF PERSONAL APPEARANCE HEARING | ||||||
IIEARl1'1C DATE 24 Apr 2015 |
CASE NUMBER FD-2014-00513 |
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| APPLICANTS ISSUEAND THE BOARD s DECISIONAL RATIONALEARE DISCUSSED ONTHE ATTACHED AIR FORCEDISCHARGE REVI BOARD DECISIONAL 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. |
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| (b)(6) (b)(6) | ||||||
| INDORSEMENT DATE: 4128/2015 | ||||||
SAF/MR.BR |
SECR£TARVOf" i11£ AIR FORCE PCRSONNCL COUN'CI L AIR FORCE DISOlARCE REVIEW BOARD 1535 CO.\L'\'1/-\.i O Dft1 U:\Vl.NC,3RO fLOOR ANOIU:WS AfB.MD 2'762-7001 |
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| AFHQ FORNI 0-2077, JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00513 |
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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 for Misconduct - Drug Abuse
The Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is autho1ized 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 presumpt ion, 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 a Summary Court Martial for wrongfully using spice.
The applicant submitted no issues regarding the inequ ity or impropriety of his discharge. The applicant stated that he would like to have his characterization upgraded to reflect a clean record . He contends his integrity was never an issue and feels he deserves an upgrade because of his continued honesty and participation with OSI. The record shows that the applicant was identified as smoking spice by his own admittance along with several witness testimonies to OSI. Notwithstanding the applicant's partici pation and honesty against those that violated the UCMJ, the Board found the seriousness of drug abuse affords the commander the authority to pursue administrative discharge to uphold good order and discipline, regardless of whether or not the member has an otherwise clear record. The Board found the negative aspects of the willful misconduct outweighed the positive aspects of the applicant's performance and concluded that the discharge was appropriate. The Board commends the applicant for taking responsibility for his actions. However, 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-2015-00013
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00401
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable,tochangethereasonandauthorityforthedischarge,and tochange thereenlistmentcode. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompletedbasedontheavailableservicerecord. Theattachedbrief containsavailablepertinentdataontheapplicantandthefactors leadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00690
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReview Board (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailable servicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-DrugAbuseThe AirForceDischargeReviewBoard,underits...
AF | DRB | CY2011 | FD-2011-00008
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. The record indicates that the applicant received a Letter of Reprimand for wrongful use of spice.
AF | DRB | CY2015 | FD-2014-00633
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequests thatthereviewbecompleted based ontheavailableservicerecord. Theattached briefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
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-2014-00782
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonal appearance beforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2013-00604
GENERAL:TheapplicantappealsforupgradeofdischargetoHonorable, tochangethereasonand authority forthedischargeandtochangethereenlistmentcode. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief containsavailablepertinent dataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00602
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonandauthorityforthe discharge.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontains availablepertinentdataontheapplicantandthefactorsleadingtothe discharge. FINDING: TheBoarddeniesthe upgrade of the discharge andchange ofreasonandautho1ityfor discharge. ISSUE: The...
AF | DRB | CY2013 | FD-2013-00580_13
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.