AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NU MBER FD-2014-00681 |
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 perti nent 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, five Letters of Reprimand, two Records of Counseling, and two Letters of Counseling. Her misconduct included failure to adhere to reporting standards; illegally recording audio of counseling session without consent; making false statements in regards to owed debt; failure to attend mandatory fitness assessment; failure of dorm room inspection; failure to attend dental appointment; failure to go to fitness assessment on time; failure to be at place of duty; and dereliction of duties on multiple occasions.
The applicant contends discharge was improper because she was not aware that her supervisor was taking notes in regards to her duty performance. She also stated that she was suffering from depression and anxiety due to the passing of her grandmother. The DRB opined that through the administrative actions taken she was aware that her supervisor was making assessments of her duty performance and the applicant had ample opportunities to change her negative behavior. After review of the records and advice from the mental health specialist, the DRB found no evidence that the applicant suffered from any major depressive disorders that directly contributed to her misconduct. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The DRB further concluded that the negative aspects of the applicant's service outweighed the positive contributions she made in her Air Force career. The characterization of the discharge received by the applicant was found to be appropriate. 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. |
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AIRFORCEDISCHARGE REVIEWBOARDHEARING RECORDNA\1EOFSERVICEMEMBER(LAST,FIRSTMIDDLE INITIAL)GRADE AFSNISSANX RECORD REVIEWl-COllNSEl --1NJ\1EOf COUNSEL J\'OORORGAi'il7..AHOXYES No xMEMBERSITTINGADDRESS MW ORORGMill'.J\TIONOfCOUNSELVOTE OFTHE BOARD HON GEN UOTI-IC OTHER A67.90 EXHIBITSSUBMITTEDTOTH.EBOARD IORDERAPPOINTINGTHEBOARD2 APPLICATIONFORREVIEWOF DISCHARGE3 LErfEROFNOTIFICATION4 BRIEF OFPERSONNEL FILECOUNSEL'SRELEASETO THEBOARDADDITIONALEXH1131TSSUBMITTEDATTIMEOFPERSONAL APPEARANCETAPE...
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