| DATE: 412312015 |
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| TO | 550 C' l REl:: WE 1, SUll E 40 RANDOLPH AFB. TX 78150-4742 |
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| AFHQ FORl'\10-2077, JA N 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00040 |
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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.
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 three Letters of Reprimand for failure to go to appointed place of duty at appointed time; violation of call to quarters rules of engagement in relation to weekend travel; deliberately disobeying a SNCO's orders, and one Letter of Counseling for dereliction of duty and failure to show for duty.
The applicant states that he feels the discharge was improper because it was based on him wanting to talk to his Commander about re-training. However, the basis for discharge was minor disciplinary infractions and his record includes other incidents of him not following instructions. Also the record indicated that the applicant was considered for re-training but was not found to be suitable. The Board opined that through the administrative actions taken, the applicant had opportunities to change his behavior . The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.
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 to change the 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 administrat ive 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 | CY2015 | FD-2014-00304
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