TO: FROM :
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00116 |
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.
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. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental heal th disorders was present for this board. The applicant's record of service included one Article 15, one Vacation of Non-Judicial Punishment , four Letters of Repri mand and two Letters of Counseling. His misconduct included failure to report for duty on time (4x), failure to report to PT (3x), and sponsoring someone onto base using another person 's identification card.
The applicant contends that his discharge was inequitable because it was too harsh. He stated that his medical condition was not considered at the time of discharge. The records indicate the applicant was diagnosed with insomnia and later Attention Deficit Hyperactivity Disorder (ADHD). The ORB found that the comments in the discharge package from the applicant's commander did not match what was in the medical records. The commander stated that the applicant did not seek help for his medical condition until he was issued an Article 15. However, the records suggest that the applicant initially sought help on September 25, 2012 and the Article 15 was issued on February 13, 2013. Although the Board does not condone applicant's misconduct, the Board finds sufficient mitigation based on the applicant's medical condition at the time of discharge to consider his d ischarge harsh. As such, the Board majority grants upgrade of discharge to Honorable and change of reason and authority for 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 Honorabl e discharge and the reason for the discharge is more accurately described as Secretarial Authority under the provisions of Title I 0, USC 1553.
Attachment: Examiner's Brief |
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