| AIR FORCE DISCHARGE REVIEW BOARD REARING RECORD | ||||||
| NAM E OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) (b)(6) |
GRADE | |||||
| TYPE GEN | I PERSONA L APPEARANCE | x I RECORD REVIEW | ||||
| COUNSEL | NAME OF COUNSEL AND OR ORGA. IZATIO:\' | ADDRESS AND OR ORGANIZATION OFCOUl'\SEL | ||||
| YES | No | |||||
| x | ||||||
| VOTE OFTHE BOARD | ||||||
| HON | GEN | UOTHC | OTHER | DENY | ||
| (b)(6) | x | |||||
| x | ||||||
| x | ||||||
| x | ||||||
| x | ||||||
| issues A94.53 | l. 0£X NUMl:St:K |
EXHIBITS SUBMTITED TO THE BOARD | ||||
| I | ORDER APPOINTING THE BOARD | |||||
| 2 | APPLICATION FOR REVIEW OF DISCHARG E | |||||
| 3 | LETTER OF NOTIFICATION | |||||
| 4 | BRIEF OF PERSONNEL FILE | |||||
| COUNSEL'S RELEASE TO THE BOARD | ||||||
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE | ||||||
| TAPE RECORD ING OF PERSONA L APPEARANCE HEARING | ||||||
| HEARING DATE 16 Jun 2015 |
CASE NUMBER FD-2015-00093 |
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| APPLICANT·s ISSUE Al'ID 11il!eoARD·s DECISIONAL IV.TIONALti A.Rti DISCUSSED ON THE ATTACHED AIR fORCti DISCHARGE REVIEW80ARD DECISIONAL RATIONALE. | ||||||
| Case heard in Washington , D.C. Advise applicant 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) |
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| -
INDORSEMENT TO: SAF/MRBR 550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742 |
DATE: 7/8/2015 | |||||
| FROM : SECRETARY OFTi.fE Arn FORCE •£RSON>'EL couCIL A IR FORCE DISCHARGE REVIEW BOARD ISJS COMMAND OR, EE WINC, JRJ> FLOOR ANDREWS AF8, MD 20762-7001 |
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015 -00093 |
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 -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 Article 15, one Vacation of Non-Judicial punishment, one Letter of Reprimand and two Letters of Counseling. The misconduct included failing to obtain a government driver's license and flight line certificate of competency card before operating a government vehicle on the flight line; failing to go at the time prescribed to his place of duty; willfully failing to complete CDC study material; failing fitness test; failing to shave facial hair while on duty; and being absent without authority for block refresher training.
The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does take ownership for his actions and he knows that he was unprofessional and has stated he is now making up for those actions by becoming a model citizen and contributing to his community. He provided character letters, school transcripts and criminal history background check. The DRB was pleased to see that the applicant was doing well and has a good job ; however, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant appropriately characterized his term of service. 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.
Inview 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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