AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00655 |
GENERAL: The applicant appeals for upgrade of discharge to General.
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 not that provided by applicant which 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 General.
ISSUE: The applicant received an Under Other than Honorable - Discharge in Lieu of Trial by Court Martial
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 one charge sheet dated September 30, 2008 for violations of Article 112a of UCMJ for the wrongful use of marijuana and methamphetamines. On October 16, 2008, applicant requested discharge in lieu of trial by court martial.
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does request an upgrade so that he may be eligible for Veteran Affairs health benefits. After a thorough review of the record, it shows that in between deployments, applicant received news of his father's passing and traveled home for the funeral services, which the Board believes contributed significantly to the applicant's incidents of misconduct. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrade. Specifically, although the Board does not condone the misconduct, the Board found the characterization too harsh and feels the applicant's service is more accurately reflected as a discharge Under Honorable conditions (General).
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 a discharge Under Honorable Conditions (General) under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief |
AF | DRB | CY2015 | FD-2015-00080
GENERAL: Theapplicantappealsforupgrade ofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00678
AIR FORCEDISCHARGEREVIEW BOARDHEARINGRECORD NAMEOF SERVICE MEMBER(LAST,FIRSTMIDDLEINITIAL) GRADEX RECORDREVIEWADDRESS ANDORORGANIZATION OFCOUNSELMEMBERSITTING HON GEN UOTHC OTHERX* DENY ISSut.SA94.54INDQ: NUMB.ERA67.10A49.00X*ORDERAPPOINTINGTHEBOARDAPPLICATION FOR REVIEWOFDISCHARGE3 LETTER OFNOTIFICATION4 BRIEFOFPERSONNELFILE COUNSEL'SRELEASE TOTHEBOARDADDITIONALEXHIBITSSUBMITTEDATTIME OF PERSONAL APPEARANCETAPERECORDINGOFPERSONALAPPEARANCEHEARINGH£AJUNGDATE CASE...
AF | DRB | CY2015 | FD-2014-00737
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING:TheBoard deniestheupgradeofthedischarge.ISSUE:TheapplicantreceivedaGeneraldischargeforMisconduct-CommissionofaSeriousOffenseThe AirForceDischargeReviewBoard,underits...
AF | DRB | CY2015 | FD-2015-00098
GENERAL: Theapplicant appeals forupgradeofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE:TheapplicantreceivedaGeneraldischargeforUnsatisfactoryPerformanceThe AirForceDischargeReviewBoard,underits...
AF | DRB | CY2015 | FD-2014-00481
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbe completedbasedontheavailableservicerecord. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2013-00236
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, atAndrewsAFBonJune04,2015.Thefollowingadditionalexhibitsweresubmittedatthehearing:Exhibit #5: Applicant'sContentions/additional supportingdocumentsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00499
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00642
GENERAL: The applicant appeals forupgradeofdischargeto Honorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord. Theattachedbrief contains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD-2014-00011
GENERAL: The applicantappeals forupgrade ofdischarge tohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompleted basedontheavailableservicerecord. Theattachedbriefcontains availablepertinentdataontheapplicant andthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00056
GENERAL: Theapplicantappealsfor upgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge.