| AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD | ||||||
| NAME or SERVICE MEMBER (LAST, FIRST MIDDLE JNITTAL) (b) (6) |
GRADE | |||||
| TYPE GEN | I | PERSONAL APPEARANCE | x I RECORD REVIEW | |||
| COUNSEL | NAME OF COUNSEL ANO OR ORGANIZATION ADDRESS ANO OR ORCANIZATION OFCOUNSEL | |||||
| YES | No | |||||
| x | ||||||
| VOTE OFTHE BOARD | ||||||
| HON | GEN | UOTHC | OTHER | DENY | ||
| (b) (6) | x | |||||
| x | ||||||
| x | ||||||
| x | ||||||
| x | ||||||
| tSSUt:S A94.S4 | l OEX NUMUE R A69.00 | EXHIBITS SUBMIITED TO THE BOARD | ||||
| 1 | ORDER APPOINTING THE BOARD | |||||
| 2 | APPLICATION FOR REVLEW OF DISCHARG E | |||||
| 3 | LETTER OF NOTLFICAT!ON | |||||
| 4 | BRLEF OF PERSONNEL FlLE | |||||
| COUNSEL 'S RELEASE TO THE BOARD | ||||||
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE | ||||||
| TAPE RECORDING OF PERSONA L APPEARANCE HEARING | ||||||
| HEA.RING DATE 24 Jun 2015 |
CASE NUMBER FD-2015-00080 |
|||||
| APPLICANT'SISSUE ANO THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON 11iEATTACHEO AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALll. Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR. (b) (6) - lNDO.RSEMENT DATE: 718120IS SAFIMRBR SECRETARY OFTllEAIR FORCE PERSONl''eL COUNCIL 550 C STREET WEST, SUITE 40 A I R FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR. ££ WINC. 3RD FLOOR RANDOLPH AFB, TX 78150-4742 AKOREWS AFB, MO 10762-7001 |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00080 |
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 grants the requested relief.
The Board finds evidence in the record to substantiate an impropriety that would justify a change in the discharge. Therefore, for the reasons specified below, the Board grants the upgrade of the applicant's discharge.
ISSUE: The applicant received a General discharge for Administrative Separation of Airmen - Failure in Alcohol Abuse Treatment
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. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board . The applicant's record of service included one Article 15 for physically controlling a vehicle while drunk.
The applicant submitted an issue regarding the impropriety of his discharge. The applicant contends that he was told that he would receive an Honorable discharge by his First Sergeant. After thorough review of the record , it shows that the Substance Abuse Treatment Team erroneously communicated the option, that he would receive an Honorable upon failure of ADAPT if he refused treatment. It was also noted in the record that upon discovery of the error, the offer to re-enroll into the substance abuse treatment program was extended to the applicant which the Board believes contributed significantly to the applicant's decision to decline further treatment. After a thorough and complete consideration of the information submitted by the applicant and contained in the records, the Board concluded there was sufficient mitigation to substantiate upgrade. Specifically, although the Board does not condone the misconduct, the Board found the characterization too harsh and feels the applicant's service is more accurately reflected as an Honorable discharge.
CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.
However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge under the provisions of Title 10, USC 1553.
Attachment : Examiner's Brief |
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