AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00568 |
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. 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, one Vacation of Non-Judicial punishment ; three Letters of Reprimand , one Letter of Admonishment and two Letters of Counseling. The misconduct included being absent from place of duty (3x's); failure to notify chain of command of appointment; fishing on duty during unit exercise; failing remedial training for QC failure; failing initial standardization evaluation QC on close-in security and failing to have the proper equipment for CBRNE appointment.
The applicant contends discharge was inequitable because it does not fully characterize his time in the service. Applicant mentions how he went through personal issues with his spouse and how it affected him mentally; having to see a psychiatrist and take anti-depressants. After a review of the records and advice from the mental health specialist, the DRB found no evidence that the applicant had any mental issues documented or that would directly contribute to the misconduct. 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.
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 |
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