I--·-----·-••M-<>•-<M<----------· INDORSEMENT
·-----··.--·
DATE: 612512015
-----------
.,..._
·_
_ ..:
-H -··--·-·-·------··--
TO:
FROM:
_:
M•«-• ------·
AIR FORCE DISCHARGE REVll!W llOARD
550 C STREET WEST. SUITE 40
IS35 COMMAND DR, l!I!WING, JRD FLOOR
RANDOLPH AFB. TX 781504742
ANDREWS AFB,MD 20762.7001
AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00642 |
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 an upgrade to Honorable and changes the narrative reason and authority for discharge, however denies a change to the reenlistment code.
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 five Letters of Reprimand, and three Letters of Counseling. His misconduct included sleeping in class (2x), sleeping on duty, missing a mandatory appointment, failure of dorm room inspection, going to dorm room during the duty day after being told not to, smoking in dorm room, missing morning accountability, and failure to be on time for duty (2x).
The applicant contends discharge was inequitable because it was too harsh. He stated that he suffered from a condition known as hypersomnolence, which he claims directly relates to his misconduct. After review of the records and advice from the Mental Health Specialist, the DRB found evidence that the applicant did in fact suffer from hypersomnolence and a major depressive disorder during the time of the infractions that led to his discharge. There is indication that the applicant had sleep and mental health issues that directly contributed to the majority of his misconduct. The administrative actions taken against the applicant were done so without consideration of his medical condition. The Board concluded that the characterization and narrative reason of the discharge received by the applicant was found to be inequitable and warrants an upgrade. However, the reenlistment code will remain unchanged.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and 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 discharge and the reason for the discharge is more accurately described as Secretarial Authority and the reenlistment code will remain unchanged under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief |
AF | DRB | CY2015 | FD-2014-00556
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebeforetheDischargeReviewBoard (ORB)butdeclinedandrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00579
GENERAL:Theapplicantappealsforupgrade ofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. The attachedbriefcontainsavailable pertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00403
GENERAL: The applicant appeals forupgradeofdischargetoHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief contains availablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE:The applicant receivedaGeneraldischargeforMisconduct-MinorDisciplinaryInfractions
AF | DRB | CY2015 | FD-2014-00780
GENERAL: The applicantappeals forupgradeofdischargeto Honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00681
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischarge forMisconduct...
AF | DRB | CY2010 | FD-2010-00343
FINDING: The requests to upgrade the discharge, to change of reason and authority for discharge, and to change of reenlistment code are denied. Attachment: Examiner's Brief CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD-2010-00343 GENERAL: The applicant appeals for upgrade of discharge to honorable and to change the reason and authority for the discharge, and to change the reenlistment code. FINDING: The requests to upgrade the discharge, to change of reason and...
AF | DRB | CY2015 | FD-2014-00070
GENERAL: TheapplicantappealsforupgradeofdischargetoGeneral. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(DRB),withoutcounsel, atAndrewsAFBonJune 29, 2015. Therewerenoadditionalexhibitssubmittedatthehearing.
AF | DRB | CY2015 | FD-2015-00008
GENERAL: The applicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgradeofthe discharge.ISSUE:TheapplicantreceivedaGeneraldischarge forMisconductThe...
AF | DRB | CY2015 | FD-2014-00481
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbe completedbasedontheavailableservicerecord. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2012 | FD-2012-00498
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataon theapplicantand thefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforApatternofMisconduct-ConductPrejudicialtoGood...