AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00006 |
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 denies the upgrade of the discharge. ISSUE: The applicant received a General discharge for Misconduct - Drug Abuse
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 one Article 15, three Letters of Reprimand and one Letter of Counseling. The misconduct included wrongfully possessing a certain amount of oxycodone; stealing oxycodone from another airman; observed speeding, changing lanes without signaling, using a cell phone, and crossing train tracks without stopping while driving a government vehicle; receiving a traffic ticket after using cell phone while operating a POV on base; derelict in performance duties, displaying laziness and receiving a traffic ticket after traveling 20 miles an hour over the posted speed limit (25 mph in a 5 mph zone).
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does state that he has learned from his mistakes and cited his desire to receive the G.I. Bill benefits to further his education. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on January 10, 2010) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. 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 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 | CY2006 | FD2005-00426
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) .............................. GRADE SRA AFSNISSAN --------------- C-..-..-..-..-' C..................-..-..-..-.' rYPE GEN 'OUNSEL YES No X X PERSONAL APPEARANCE RECORD REVIEW NAME O F COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION O F COUNSEL MEMBER SITTING ..................................... - 4 J 4 ISSUES A94.11 A94.05 INDEX NUMBER A67.10 VOTE OF THE...
AF | DRB | CY2015 | FD-2014-00497
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereview becompleted basedontheavailable servicerecord. Theattached brief containsavailablepertinentdataontheapplicantandthefactorsleadingto thedischarge.
AF | DRB | CY2015 | FD-2015-00120
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable orGeneral. Theapplicantwasofferedapersonalappearancebefore theDischargeReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2013 | FD-2013-00268_13
GENERAL:Theapplicantappeals forupgradeofdischargetohonorable.Theapplicantwasofferedapersonal appearance beforetheDischarge ReviewBoard (DRB)butdeclined andrequeststhatthereviewbecompletedbasedon theavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgrade ofthe discharge.ISSUE: ApplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinary...
AF | DRB | CY2005 | FD2005-00101
(Change Discharge to Honorable) Issue 1: My discharge is unsatisfying, and the nature of that title is due to my treatment while on active duty status. For this offense, you received an Article 15 dated 2 May 94, with punishment of 7 days extra duty and 7 days restriction to the limits of Sheppard AFB (Atch 1, Tab 1) b. of counseling (LOC) on 30 Aug 95 (Atch 6, Tab I).
AF | DRB | CY2003 | FD2002-0448
CASE NUMBER AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE FD2002-0448 GENERAL: The applicant appeals for upgrade of discharge to Honorable. The applicant received three Article 15s, two Letters of Reprimand, one Letter of Counseling, one Letter of Admonishment, and two Records of Individual Counseling for financial irresponsibility, failure to obey, failure to go, and traffic, parking and speeding violations. Attachment: Examiner's Brief FD2002-0448 DEPARTMENT OF THE AIR FORCE AIR...
AF | DRB | CY2002 | FD2002-0449
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD ! NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN | A ie TYPE Be, PERSONAL APPEARANCE X RECORD REVIEW "COUNSEL = “NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL YES NO X | VOTE OF: THE BOARD MEMBERS SITTING HON “GEN UOTHC OTHER DENY xX X X L 1 xX —
AF | DRB | CY2015 | FD-2014-00767
GENERAL: Theapplicant appealsforupgradeof dischargetoHonorableTheapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbe completedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothe discharge.FINDING: TheBoarddeniesthe upgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneral dischargeforMisconduct-...
AF | DRB | CY2015 | FD-2014-00552
GENERAL:The applicantappeals forupgradeofdischarge to Honorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequests thatthereviewbecompletedbasedontheavailable servicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthe discharge.ISSUE:TheapplicantreceivedaGeneraldischargeforMisconduct-MinorDisciplinaryInfractionsTheAirForceDischargeReviewBoard,underits...
AF | DRB | CY2010 | FD-2009-00006
FINDINGS: The Board denies the upgrade of the discharge. The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge. ISSUE: Applicant submitted no issues regarding the inequity or impropriety of his discharge.