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Decision Text

AF | DRB | CY2015 | FD-2015-00120
Original file (FD-2015-00120.rtf) Auto-classification: Denied
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
 NAME OF SERVICE MEMB ER (LAST, FlRST 1\-UDDLE L'llJTIAL)  GRADE
 (b)(6)
 TYPE     I        PERSONAL APPEARANCE     x        I        RECORD REVIEW
 COUNSEL  NAME OFCOUNSEL ANO OR ORGANIZATION       AODRESS AND OR ORCANIZATION OFCOUNSEL
 YES      No
 x
VOTE OF Tm.: BOARD
MEMBER SITTING  HON      GEN      UOTHC    OTHER    DENY
(b)(6)   x
x x x
x
ISSUES   A93.23   INDEX NUMBER     A67.30   EXHIBITS SUBMITTED TO TKE BOARD
ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETTER OF NOTIFICAT ION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDLNG OF PERSONAL APPEARANCE HEARING

llEARING DATE    CAS£ NUM8tR

02 Jul 2015      FD-2015-00120
APPLICANT'S ISSUE A'.ID11iE BOAllD'S DECISIONAL RATIONALE AA6 DISCUSSEDON1liE ATTACHED AIR FORCE DISCHARGE REVIEW BOAJlD 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)


INDORSEMENT      DATE: 7/13/2015
TO;      FROM:
SAFfMR.BR        SECRETARY OFTii.E AIR FORCE PERSONNEL COUNCl L
ALR fORCI!: DISCllARGE REVIEW BOARD
550 C STREET WEST, SUITE 40      ls.15 COMMAND DR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 78150-4742      ANDR \ ws AFB, MO 20762-7001


AFHQ FORM 0-2077, JAN 00         (EF-V2)  Previous



AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2015-00120

GENERAL: The applicant appeals for upgrade of discharge to Honorable or General.

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 denjes the upgrade of the discharge.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE: The applicant received a General discharge for Misconduct - Serious Offense

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 a discharge notification action under AFI 36-3206, Chapter 3 paragraph 3.6.4 and 3.6.9, for engaging in serious or recurring misconduct punishable by military or civilian authorities, and sexual perversion, including aberrant sexual behavior or acts of sexual misconduct. Specifically, on divers occasion he wrongfully possessed and distributed hundreds of images of child pornography including images of prepubescent and toddler-aged children engaged in sexually explicit acts. He lied under oath in federal court about a prepaid cell phone he purchased at an airport while being escorted to base and used the phone to contact his mother and an attorney.

The applicant states that he developed several physical and mental health issues while serving. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments . After a complete review of the record, there was no documentation in his Service Treatment Record that showed a direct correlation between the applicant's mental health condition and his misconduct. The Board concluded the discharge was appropriate for the reasons which were the basis for this case. 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.

The applicant cited his desire to receive specific Department of Veteran 's Affairs benefits as justification for upgrade. He would like to continue his therapy without paying out of pocket. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. 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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