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AF | DRB | CY2015 | FD-2014-00722
Original file (FD-2014-00722.rtf) Auto-classification: Denied

AIR FORCE DISCH ARGE REVJEW BOARD HEARING RECORD
 NAM E OF SERVICE MEMBER (LAST, FIRST Ml.ODLE l lTIAL)    GRADE
 (b)(6)
TYPE GEN         I        PERSONAL APPEARA NCE    x        I        RECORD REVIEW
 COUNSEL  NAM£ OF COUNSEL AND OR ORGANIUTION        ADDRESS AND OR ORGANIZATION OFCOUSSEL
 YES      No
 x
VOTE OF THE BOARD
MEM BER SITIING  HON      GEN      UOTHC    OTHER    DENY
(b)(6)   x        *
x        *
X*
X* X*
ISSUES   A93.24   INDEX NUMBER     A67.J O  EXHIBITSSUBMITTED TO TKE BOARD
 1 ORDER APPOINTING THE BOARD
 APPLICATlON FOR REVIEW OF DISCHARGE
 LETIER OF NOTIFICAT!ON
 BRI EF OF PERSONNEL FILE
 COUNSEL'S RELEASE TO THE BOARD
 ADDITIONAL EXHIBITS SUBMITTED AT TIM E OF PERSONAL APPEARANCE
 TAPE RECORDING OF PERSONAL APP EARANCE HEARING
HEARING DATE     CASE NlJMllER
26 Jun 2015      FD-2014-00722
 APPLICANT'S ISSUE AND THE BOARD'SDECISIONAL RATIONALE AR.£ DISCUSSED ON nmATl'AOllIDAllt FORCE DJSCHAJlG£REVIEW BOARD DECISIONAL l\ATIONALE
Case heard in Washington, D.C.
Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl icat ion to the A FBCMR.






Drawn Shape (ignored-not implemented yet) + CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
 (b)(6)
lNDORSEMENT      DATE: 71812015
 TO:      FROM:
 SECRETARY Of TH E AIR FORCE PERSONNEL COUNCIL
 AIR FORCE DISCHARGE RE\ EW BOARD
 550 C STREET WEST, SU ITE 40     1535 COMMAND DR. EE WING,JRD FLOOR
 RANDOLPH AFB, TX 78 150-4742     ANDREWS AFB,MD 20761.-7001

AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2014-00722

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. However, the change of reason and authority for discharge is denied.

The Board finds that neither the evidence of record nor that provided by applicant 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 Honorable.

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, one Vacation of Suspension of Non-Judicial Punishment, three Letters of Reprimand , and one Letter of Counseling. His misconduct included dereliction of duty on divers occasions; failure to go to PT, failure to go to duty; failure to report for mandatory formation; failure to go to duty on time; and disobeying direct order and failure to report.

The applicant submitted no issues regarding the inequity or impropriety of her discharge. The applicant does submit that he would like his characterization to reflect an Honorable discharge due to his difficulty functioning in social situations. The Board reviewed the entire record and found evidence where medical authorities were aware of his depression and anxiety diagnosis. While the applicant's mental condition did not impair his ability to know right from wrong, the Board concluded his behavior was related to his condition to the degree that a General characterization was too harsh in relation to the severity and nature of the offenses. The Board opines that the evidence of the record indicates the applicant's service is more accurately reflected as Honorable. However, the change of reason and authority of the discharge remain unchanged.

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.

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 under the provisions of Title 10, USC 1553. The change of reason and authority of the discharge remains unchanged.



Attachment: Examiner's Brief

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