| MEM BER SIITING | HON | GEN | UOTHC | OTHER | DENY |
| (b) (6) | x | ||||
| (b) (6) | x | ||||
| (b) (6) | x | ||||
| (b) (6) | x | ||||
| (b) (6)
x ISSUES A93.23 JNOE.X. NUMBtR A67.50 EXHIBITS SUBMITTED TO THE BOARD l ORDER APPOINTING THE BOARD APPLICATION FOR REVIEW OF DISCHARGE LETTER OF NOTIFICATION BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD ADDJTIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE TAPE RECORDING OF PERSONAL APPEA RANCE HEARING H.EARIN C DATE CASE NUMBER 26 Jun 2015 FD-2014-00702 APPLICANT"S ISSUE AND THE BOARJ>"S Ol:ClSIONAL RATIONALE ARE DISC\JSSEO ON THE ATrACHE;O AIR FORCE OISCHARGE REVIBW BOARD DECISIONAL RATIONALE. Case heard in Washington , D.C. Advise appl icant 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. (b) (6) INDORSEMENT DATE: 7/J/2015 ·ro: FROM : SAf'/MRBR SECRETARY OF' THE AIR F'ORC£ P.E.llSONNEL COUNCIL |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00702 |
| GENERAL: The applicant appeals for upgrade of discharge to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.
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, the change of reason and authority for discharge, and change of reenlistment code.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.
ISSUE: The applicant received a General discharge for Pattern of Misconduct
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, one Vacation of Suspended Non-Judicial Punishment, and a Summary Court-Martial conviction. Her misconduct included making an official statement with attempt to deceive Delaware State Police, willfully and wrongfully destroying another airman's property, wrongfully striking an airman in the head with her fist, and being drunk and disorderly on base.
The applicant contends that her personal life was faced with challenges and struggles not becoming of an airman. She also stated that her trial and clemency request were not fairly reviewed or considered with focus on her military path. The DRB took note of the applicant's duty performance as documented by her performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case. 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 |
AF | DRB | CY2015 | FD-2015-00006
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AIRFORCE DISCHARGEREVIEWBOARD HEARINGRECORDi"AMt OF SERVICtMEMBER(LAST,FIRST MIDDLEINITIAL) GRADE(b)(6)TYPE GEN I PERSONALAPPEARANCE x I RECORD REVIEW COUNSEL NAMEOFCOUNSELANOORORCANIZ.\TION ADDRESSANO ORORGANIZATIONOFCOUNSEL YES No x .... .... .... MEMBERSITTING l!ON OEN UOTl lC OTlIER DENY (b)(6) x - ISSUES A94.53 INDEX NUM B&R A67. 10 EXHIBITSSUBMlTTEDTOTH'.E BOARD 1 ORDERAPPOINTINGTHE BOARDAPPLICATIONFORREVIEWOF DISCHARGELEHEROFNOTIFICATIONBRIEFOFPERSONNELFILE COUNSEL'SRELEASETO...
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