AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00644 |
| 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 Pattern of Misconduct - Discreditable Involvement with Military Authorities
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. The applicant's record of service included two Article 15's, one Letter of Reprimand and four Records of Counseling. His misconduct included wrongfully consuming alcohol while under legal drinking age of 21, being drunk and disorderl y; late for work (2x's); untimely completion of work; financial irresponsibility; driving a vehicle while under the influence of alcohol and writing 21 checks to Wal-Mart with insufficient funds.
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he regrets the decisions he made while serving and since being discharged, he has received help for his alcohol dependency and wished he could have had the same help while serving in the military. The record indicates applicant was assessed by ADAPT from July 17, 2000-August 8, 2000, referred due to the DWI he received. The Board found evidence to indicate the member was aware of the intolerance for underage alcohol consumption as well as the existence of programs in place to assist with any drug or alcohol dependence, regard less of the method of enrolling in the programs. The Board did not find evidence to support applicant's contention that this help was unavailable. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. 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, reason for the discharge or the reenlistment code.
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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