| TO: | SAF/MRBR 550 C STREET WEST,SUITE 40 RANDOLPH AFB, TX 78150-4742 |
FROM: | SECRETARV OF' THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND OR. EE \VlNG, lRD FLOOR AllDREWS AFB, MD 20762-7001 |
|
| AFHQ FORM 0-2077,JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NU MBER FD-2015-00023 |
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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 denies the upgrade of the discharge, and change of reason and authority for discharge is denied.
The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.
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. The applicant's record of service included one Letter of Reprimand for being arrested for public intoxication by civil authorities, one Article 15 for failing to go to duty on time on divers occasions, and driving a POV while in Phase 1 training, and one Letter of Counseling.
The applicant stated he was told his discharge would automatically be upgraded. The Board noted the issue was common result of miscommunication , at the time of discharge, when the applicants are briefed that their discharge will automatically be upgraded after six months. While a discharge may be upgraded after six months, the upgrade is by no means automatic. 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 or reason for the discharge.
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 |
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