| INDORSEMENT
DATt: 81612015 TO: · t'ROM: |
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SAF/MRBR 550 CSTREETWEST,SUITE 40 RANDOLPH Af B, TX 78150-4742 |
SECR[TARY OFTHE AIR FORCE PERSONNEi,. COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1135 COMMAND OR. EE WING,JRO FLOOR ANDREWS AFB. MD20762-7001 |
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| AFHQ FORM 0-2077, JAN 00
(EF-V2)
Previous AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00047 |
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| GENERAL: The applicant appeals to change the reason and authority for the discharge and to change the reenlistment code.
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 change of reason and authority for discharge and change of reenlistment code.
ISSUE: The applicant received an Honorable discharge -Non-Retention on Active Duty
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 for conspiring to commit an offense to destroy by shooting a cow, property of a civilian with a value of more than $100, driving several airman to find the animal, help load in the truck after it was shot, drove back to camp site, consumed part of the cow, took home additional packages of meat and helped bum the remains.
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he believes he has grown from his mistake and would like to join the Oklahoma ANG. Applicant submitted several character letters to support his request into the guard and his performance while serving on active duty. Applicant also made mention of the DOS rollback program of FY13 and he was told by leadership that he would not be affected. DOS rollback is one of several voluntary and non-voluntary programs implemented during FY13 to help bring overall force numbers to congressionally mandated levels. Individuals that had certain indicating factors such as Article 15's would require the commander to accomplish an AF 418 (Selective Reenlistment consideration) to change member's reenlistment code to recommend for reenlistment , which would prevent them from being affected by the DOS rollback. The Board noted that from the documentation provided it did not appear that the commander had originally planned on discharging the member, but had instead gave administrative actions, as a means for rehabilitation. However, based on the seriousness of the misconduct and the commander 's understanding of the DOS rollback policies at the time, the Board majority agreed that the reason for discharge was appropriate and the reenlistment code should not be changed.
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 to change the reason and authority for the discharge or the reenlistment code and determines it should remain unchanged.
Attachment: Examiner's Brief |
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