| !NOORS.EMENT | DATE: 412312015 | |||
| TO: | SAF/MRBR 550 C STREET WEST. SUITE 40 RANDOLPH AFB, TX 78150-4742 |
FROM : | SECRETARY OPTHEAIR f"ORCE PERSONNEL COUNCI L AIR FORCE DISCHARGE REVIEW BOARD 1535 COMIAND OR. EE "INC••lRD FLOOR AKDREWS AFB, MD 20762-7001 |
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| AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous AIR FOR CE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00710 |
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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 the requested relief. The Board finds evidence in the record to substantiate an impropriety that would justify a change in the discharge. Therefore, for the reasons specified below, the Board grants the upgrade of the applicant's discharge. ISSUE: The applicant received a General discharge for Misconduct Minor Discipl inary 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. The applicant's record of service included four Letters of Reprimand for violat ing a no contact order, unsafe operat ion of a motorcycle; excessive speeding; and disrespect toward two commissioned officers, financial irresponsibility, and failure to stay current on his fitness assessment.
The applicant states that his discharge was too harsh and did not take into account the good things he did while in the service. The DRB took note of the applicant's duty performance as documented by his perfonnance reports, letters of recommendat ion and other accomplishments. Our review of the record showed evidence that the applicant had a previously approved Honorable discharged pending until he was placed under investigation for fraud. He was ultimately not charged with any misconduct as a result of said investigation yet his previous discharge under the DOS rollback was revoked. The Board concluded this was inappropriate. 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 the evidence supported 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 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. Attachment: Examiner's Brief |
AF | DRB | CY2015 | FD-2014-00365
GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable. Theapplicantwasoffered apersonalappearancebeforetheAirForceDischargeReviewBoard(ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00463
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonand authorityforthedischarge. Theapplicantwasofferedapersonalappearancebefore theDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailable servicerecord. The attachedbriefcontains availablepertinentdataon theapplicantandthefactorslead ingtothedischarge.
AF | DRB | CY2013 | FD 2013 00263
GENERAL: Theapplicantappealsfor upgradeofdischargetohonorable Thefollowing additionalexhibitsweresubmittedatthe hearing:Exhibit5:CertificatesExhibit6:NewsarticleTheattachedbriefcontainsavailablepertinentdataonthe applicantandthe factors leadingtothe discharge. TheBoard opined theapplicantwasolderthanthevastmajorityoffirst-tennmemberswhoproperlyadheretotheAirForce'sstandardsofconduct.
AF | DRB | CY2013 | FD-2013-00263
GENERAL: Theapplicantappealsfor upgradeofdischargetohonorable Thefollowing additionalexhibitsweresubmittedatthe hearing:Exhibit5:CertificatesExhibit6:NewsarticleTheattachedbriefcontainsavailablepertinentdataonthe applicantandthe factors leadingtothe discharge. TheBoard opined theapplicantwasolderthanthevastmajorityoffirst-tennmemberswhoproperlyadheretotheAirForce'sstandardsofconduct.
AF | DRB | CY2014 | FD 2014 00214
GENERAL: Theapplicantappealsforupgradeof dischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailable pertinentdataonthe applicantandthe factorslead ingtothe discharge.
AF | DRB | CY2014 | FD-2014-00214
GENERAL: Theapplicantappealsforupgradeof dischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailable pertinentdataonthe applicantandthe factorslead ingtothe discharge.
AF | DRB | CY2015 | FD-2014-00679
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonal appearancebeforetheDischargeReview Board(DRB)butdeclinedandrequeststhatthe reviewbecompletedbasedonthe availableservicerecord.Theattachedbriefcontains availablepertinent dataonthe applicantandthefactorsleadingtothe discharge. FINDING: TheBoard deniestheupgradeofthe discharge.
AF | DRB | CY2015 | FD-2014-00782
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonal appearance beforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00155
GENERAL: Theapplicantappealsforupgradeof dischargeto Honorableandchangeofauthorityfordischarge,andchange ofreenlistmentcode. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservice record. The attachedbriefcontains availablepertinentdataontheapplicantandthefactorslead ing tothedischarge.
AF | DRB | CY2015 | FD-2014-00496
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethere-enlistmentcode.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedonthe available service record.Theattachedbriefcontainsava ilablepert inentdataontheapplicantandthe factorsleadingtothe discharge. FINDING: TheBoarddeniestheupgradeof thedischargeandthechangeof there-enlistmentcode. ISSUE:...