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AF | DRB | CY2015 | FD-2014-00604
Original file (FD-2014-00604.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
 NAME OF SERVlCE MEMBE R (LAST, FffiST MIDDLE INlTlAL)         GRADE
 (b) (6)
TYPE GEN        I        PERSONAL APPEARANCE     x        I        RECORD REVIEW
 COUNSEL  NAME OF COUNSEL AND OR ORGANl7..ATION    ADDRESS AND OR ORCASIZATION Of COUNSEL
 YES      No
 x
VOTE OF THE BOARD
M EMBER SITTING  HON      GEN      UOTl-IC  OTHER    DENY
(b) (6)  X*

X*
X*

X*
X*
 ISSUES   A94.53   INDEX NUMBER     A67.SO   EXHIBITS SUBMITTED TO THE BOARD
 ORDER APPOINTING THE BOARD
 APPLICATION FOR REVIEW OF DISCHARGE
 LETTER OF NOTIFlCATION
 BRIEF OF PERSONNEL FILE
 COUNSEL'S RELEASE TO THE BOARD
 ADDIT IONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE
 TAPE RECORDING OF PERSONAL APPEARANCE HEARING
Hi:ARl:\'C DATE   CAS£NUMBE.R
24 Jun 2015      FD-2014-00604
 APPUCANT"S ISSUE AND THE BOARD'S DECISIORATIONALE ARE DISCUSSED ON DIE ATTACHED A.Ill FORCE DISGE REVIEW 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.






* CHA GE REASON AND AUTHORITY TO SECRETARIAL AUTHOR ITY
 (b) (6)

·mwRSEMENT        UA       : 787ZOlS
 TO,      FROM '
 SAF/MRBR         SECRETARY Of'THe Al R fORCe PERSONNEL COUNCIL
 AIR FORCE DISCHARGE REVI EW OOARO
 550 C STREET WEST, SUITE 40      1535 COMMAND DR. EE WING, 3RD FLOOR
 RANDOLPH AFB, TX 78150-4742      ANDR£WS AFB, MD 20762-7001

AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2014-00604

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 grants the requested relief.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an impropriety that would justify a change of discharge.-However, based collectively upon the record, evidence and documents provided by applicant, the Board finds that the applicant's discharge was indeed too harsh and, thus, approved an upgrade of discharge to Honorable. The board also approved to change the reason and authority of the discharge to Secretarial Authority.

ISSUE: The applicant received a General discharge for 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 one Article 15, six Letters of Reprimand, one letter of Admonishment , one Record of Individual Counseling, and three Letters of Counseling. His misconduct included disrespect toward civilian law enforcement and failure to report an accident to Air Force leadership; failure to report to mandatory CDC appointment; failure to report to mandatory Self-Aid Buddy Care appointment; failure to pay just debts to three separate companies; failure to remove POV from former residence in timely manner; failure to pay GTC, damaging and defacing government property; failure to obey direct order; failure to go to duty on time; receiving two violations for failure to provide proof of insurance and having expired vehicle registration; and failure to possess current vehicle registration.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he would like his characterization to reflect an Honorable discharge due to him bei ng misdiagnosed with ADHD, and received medication for this diagnosis. He also submitted that the reason he declined continued mental health treatment was from the apparent fear that he would lose his security clearance. The Board reviewed the entire record and found evidence where medical authorities were aware of his medical issues as documented in Service Treatment Records. While the applicant's mental condition did not impair his ability to know right from wrong, the Board concluded his behavior was related to his condition to the degree that a General characterization was too harsh in relation to the severity and nature of the offenses. The Board opines that the evidence of the record indicates the applicant's service is more accurately reflected as Honorable, and the reason and authority of the discharge be changed to Secretarial Authority.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requi rements of the discharge regulation , was within the discretion of the discharge authority, and that the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable and the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.



Attachment: Examiner's Brief

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