| AIR FORCE DJSCHARG E REVIEW BOARD HEARING RECORD | |||||||
| AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) (b) (6) |
GRADE | ||||||
| TYPE | I PERSONA L APPEARANCE | x I RECORD REVIEW | |||||
| COUNSEL | NAME Of" COUNSEL AND OR ORGAN"IZATION | ADDRESS A. O OR ORGANIZ.A'rt ON OF COUNSEL | |||||
| YES | No | ||||||
| x | |||||||
| VOTE OF THE BOARD | |||||||
| HON | GEN | UOTHC | OTHER | DENY | |||
| (b) (6) - - - - |
x | ||||||
| x | |||||||
| x | |||||||
| x | |||||||
| x | |||||||
| ISSUES A94.01 | l!\OEX NUM8ER |
EXHIBITSSUBMITTED TO THE BOARD | |||||
| 1 | ORDER APPOINTING Tl IE BOARD | ||||||
| 2 | APPL!CATION FOR REV LEW OF DISCHARG E | ||||||
| 3 | LETTER OF NOTIFICATION | ||||||
| 4 | BR IEF OF PERSONNEL FILE | ||||||
| COUNSEL'S RELEASE TOTHE BOARD | |||||||
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE | |||||||
| TAPE RECORDING OF PERSONAL APPEA RANCE HEARfNG | |||||||
| HEAR.ING DATE 24 Apr 2015 |
CASE NUMBEK FD-2014-00741 |
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| APPUCANl"S ISSUE AND 1llEBOAltD'S DECISIONAL RATIONALE A.RE DISCUSSED ON 1llEATTACHED AJR FORCE DISCHARGE REVIEW BOAltD DECISIONAL RATIONALE. | |||||||
| Case heard in Washington, D.C. Advise applicant of the decision of the Board , the right to a persona l appearance with/without counsel, and the right to subm it an application to the AFBCMR. |
|||||||
| (b) (6) |
TNOORSEMENT | DATE: 61212015 | |||||
| TO | : SAFfMRBR 550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 |
FROM: | SECRETARY OP THE AIR FORCE PERSONNEL COUNCl L AIR f"ORCE DISCHARGE REVlf;W BOARD ls.IS COMMAND DR. EE WL-.c.JR.D FLOOR ANDREWS Af B.• MD 20762-iOOI |
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| AFHQ FORM 0-2077, JAN 00
(EF-Y2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2014-00741 |
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GENERAL: The applicant appeals for upgrade of discharge to Honorable or General. 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 an Under Other Than Honorable discharge for Misconduct - Commission of a Serious Offense.
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 a General Courts Martial, one Article 15, and one Letter of Reprimand. His misconduct included wrongfully and knowingly possessing and distributing visual depictions of minors engaging in sexual explicit conduct; wrongfully using with intent to deceive a certain instrument purporting to be a mil itary ID card; and being arrested for speeding and driving under the influence of alcohol.
The applicant contends that his discharge was inequitable because it was too harsh. The applicant states that he was only found guilty of reckless driving, not DUI. The member feels that being discharged instead of being allowed to retire was unfair. The fact that the alcohol misconduct charges were dismissed by local authorities has no bearing on the reasons for discharge as the military conduct standards are independent of the civilian court system. In regards to retirement it is a selective rather than automatically inclusive process. Per AFI36-3203, if there are issues of misconduct that warrant disciplinary actions, a retirement can be suspended to allow for discharge. After a review of the records, the Board found that the applicant's misconduct was a significant departure from conduct expected of all military members. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his 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 requi rements 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. |
AF | DRB | CY2015 | FD-2014-00538
GENERAL:Theapplicant appealsforupgradeofdischargetoHonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniestheupgrade ofthedischarge.ISSUE:Theapplicant...
AF | DRB | CY2015 | FD-2014-00592
GENERAL: Theapplicantappealsfor upgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: The Boarddeniestheupgradeof the discharge. ISSUE: TheapplicantreceivedaGeneraldischargefor Misconduct -ConductPrejudicialtoGoodOrderandDiscipline.TheAirForce...
AF | DRB | CY2015 | FD-2014-00614
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: The Boarddeniestheupgradeofthedischarge.
AF | DRB | CY2013 | FD-2013-00732
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservice record.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniesthe upgradeofthedischarge. ISSUE: ApplicantreceivedaGeneraldischargeforAPatternofMisconduct-ConductPrejudicialtoGood...
AF | DRB | CY2015 | FD-2014-00556
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasoffered apersonal appearancebeforetheDischargeReviewBoard (ORB)butdeclinedandrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE:...
AF | DRB | CY2015 | FD-2014-00459
GENERAL: Theapplicantappealsforupgradeofdischargeto Honorable. Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)but declinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothe discharge. FINDING: TheBoarddeniestheupgradeofthedicharge.
AF | DRB | CY2014 | FD-2014-00145
GENERAL: Theapplicantappealsforupgradeofdischargetohonorable. Theapplicantwasoffereda personalappearance beforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbased ontheavailableservicerecord. Theattachedbriefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00396
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischarge forMisconduct...
AF | DRB | CY2015 | FD-2014-00644
GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge ISSUE:...
AF | DRB | CY2015 | FD-2014-00684
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthe reviewbecompletedbasedontheavailableservicerecord. FINDING: TheBoarddeniestheupgradeofthe discharge