| INDORSEMEm' | DATE: 71812015 | ||||
| TO: | SAF/MRBR 550 C STREET WEST. SUITE 40 RANDOLPH AFB, TX 78I 50-4742 |
fROM: SECRETARY OF THE A IR FORCE PERSON'EL COUNCl L AIR FORCE DISCHARGE REVIEW BOARD I SJS COM MAND DR,££ WINC.3110 FLOOR ANDREWS AFB. MD 20762-7001 |
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| AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00721 |
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| GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the reason and authority for the discharge.
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.
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 and three Letters of Reprimand. His misconduct included failure to go to appointed place of duty on two occasions; speeding, reckless driving, and passing near an intersection on base; failure to report to assigned duty location on time (8x); making false statement to a NCO and SNCO; and failure to follow a lawful order.
The applicant contends that his discharge was too harsh. The applicant claims that the complex physical and mental health issues he experienced compromised his abilities to fulfill his duties. He also believes his characterization should reflect an Honorable discharge due to high evaluations and Below-the-Zone promotion. The Board reviewed the entire record and found evidence where medical authorities were aware of his medical issues as documented in Service Treatment Records. While the applicant's mental condition did not completely mitigate his disciplinary infractions, the Board concluded his condition was related to his behavior to the degree that the Board concluded a General characterization was too harsh in relation to the severity and nature of the offenses. Furthermore, the Board opines that the evidence of the record indicates the applicant's service is more accurately reflected as Honorable.
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 and the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title 10, USC 1553.
Attachment: Examiner's Brief |
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