AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00556 |
GENERAL: The applicant appeals for upgrade of discharge to Honorable. The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 Discipli nary 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. 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 one Article 15, four Letters of Reprimand, three Letters of Counseling and two Records of Counseling. His misconduct included failure to maintain sufficient funds to pay just debt, lying to an NCO, failure to go to duty on time (3x), failure to report to commander in uniform that meets standards, failure of uniform inspection (2x), disrespecting a Commissioned Officer, failure to comply with procedural rules, failure to refrain from consuming alcohol the night prior to security forces augmentation, and urinating on a female airman's dorm room door.
The applicant contends discharge was inequitable because it was too harsh. The applicant believes that he was discharged for a crime that he was not found guilty of. He also stated that he was receiving mental health counseling and that his infractions were related to his mental condition. The Board found no evidence to support. the applicant's claim of being discharged for a crime that he did not commit. After review of the records and advice from the mental health specialist, the DRB found no evidence that the applicant suffered from any major depressive disorders. There was no indication that the applicant had any mental issues that directly contributed to his misconduct. The administrative actions taken against the applicant gave ample opportunities for him to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The characterization of the discharge received by the applicant was found to be appropriate
The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on July 2, 2003) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. 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. |
AF | DRB | CY2015 | FD-2014-00579
GENERAL:Theapplicantappealsforupgrade ofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. The attachedbriefcontainsavailable pertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00759
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)but declinedandrequests thatthereviewbecompletedbasedontheavailable servicerecord.The attachedbriefcontainsavailablepertinentdataon theappl icantandthefactorsleadingtothedischarge.FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE: Theappl icantreceivedaGeneraldischargeforMisconduct- DrugAbuseTheAirForceDischarge ReviewBoard,underitsresponsibili...
AF | DRB | CY2015 | FD-2014-00553
GENERAL: The applicantappealsforupgradeof dischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontains availablepertinentdataontheapplicantandthe factorsleading tothe discharge. FINDING: The Boarddenies theupgradeofthe discharge. ISSU E: TheapplicantreceivedaGeneraldischargefor Misconduct-MinorDisciplinaryInfractionsTheAir Force Discharge...
AF | DRB | CY2015 | FD-2013-00473
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasofferedapersonal appearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleading tothedischarge. FINDING: TheBoard grantstherequested relief.
AF | DRB | CY2015 | FD-2014-00665
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(ORB),withoutcounsel,at AndrewsAFBonMarch12,2015 Thefollowingadditionalexhibitswere submittedatthe hearing: Exhibit#5:Applicant'sadditionalmedicaldocumentsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD 2014 00214
GENERAL: Theapplicantappealsforupgradeof dischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailable pertinentdataonthe applicantandthe factorslead ingtothe discharge.
AF | DRB | CY2014 | FD-2014-00214
GENERAL: Theapplicantappealsforupgradeof dischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailable pertinentdataonthe applicantandthe factorslead ingtothe discharge.
AF | DRB | CY2015 | FD-2015-00131
GENERAL: Theapplicantappealstochangethereasonandauthorityforthedischarge. Theapplicant wasofferedapersonalappearancebeforetheDischarge ReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoardgrants therequestedrelief.
AF | DRB | CY2014 | FD 2014 00105
GENERAL: Theapplicantappealsforanupgradeofdischarge, changetothenarrative reason, andtochangethereenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdecl inedandrequeststhatthe reviewbe completedbasedonthe availableservicerecord. The attachedbriefcontains availablepertinentdataontheapplicantandthefactorsleading tothedischarge.
AF | DRB | CY2015 | FD-2014-00750
GENERAL: TheapplicantappealsforanupgradeofdischargetoHonorableandachangeofreasontothenarrative.The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdecl ined andrequeststhatthe reviewbe completedbasedonthe available servicerecord.Theattachedbrief contains availablepertinent data ontheappl icant and thefactors lead ing tothe discharge. FINDING: The Board denies the upgrade of the discharge and change of reason and autho1ity for discharge. ISSUE:...