AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00125 |
| GENERAL: The applicant appeals for upgrade of discharge to Honorable and to change the reason and authority for the discharge.
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. The change of reason and authority for discharge is denied.
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 Under Other Than Honorable discharge for Conduct Trialable By Court Martial
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 Charge Sheet dated 17 July 2003. His misconduct included robbery from a Moroccan national , and by means of force and violence, stealing a wallet, wrist watch, silver bracelet, and five Euro notes of a value of more than $100.00; unlawfully striking said person on the arm and eye, and dragging him on the ground; and wrongfully using marijuana.
The applicant contends that he was misguided with depressed thoughts. He submits that he used substances which impaired his judgment. After review of the record, the Board found no evidence to indicate that the applicant did not know right from wrong, or that in his two years and two months of service was unaware of the Air Force policy of zero tolerance to drug use. Aside from his drug use, the Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members. 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, reason for the discharge.
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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