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AF | DRB | CY2015 | FD-2015-00165
Original file (FD-2015-00165.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD H EARING RECORD
 NAM E OF SERVICE MEMBER (LAST,FIRST MIDDLE l. ITIAL)     GRADE
 (b) (6)
TYPE     I        PERSONAL APPEARANCE      x        I        RECORD REVIEW
 COUNSEL  NAME OF COUNSEL ANO OR ORGANIZATIO N     ADDRESS ANO OR ORGANIZATION OF COUNSEL YES       No
 x


(b) (6)
MEMBER SITTING
 VOTE OFTHE BOARD








ISSUES   A93.24   INDEX NUMBER    A67.10   EXHlBITS SUBMITTED TO THE BOARD
 ORDER APPOINTING THE BOARD
 APPL!CAT!ON FOR REVIEW OF DISCHARGE
 LETTER OF NOTrFICATION
 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
 ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
 TAPE RECORD I.NG OF PERSONAL APPEARANCE HEARING
HEARING DATE     CASE NUtBgR
02 Jul 2015      FD-2015-00165
 APPLICANT'SISSUE AND 11iEBOA.RD'S DliCISlONAl. l\ATIONALE Alt.£ DISCUSSlll> ON THE ATTACHED AIR FORCE DISOIARGE REVIEW BOA.RD DliCISIONAl. l\ATIONAl.E.
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 A FBCMR.





# CHANGE REASO AND AUTHORITY TO SECRETARIAL AUTHORITY
 * CHANGE RE CODE
 (b) (6)  ---
INDORSEMENT      DATE: 7/10/2015
 TO:      FRO!:
 SECRETARY OF THF, AI R FORCE PERSONNEL COUNCIL
 AIR FORCE DISCHARGE REVIEW BOARD
 550 C STREET WEST, SUITE 40      ISJS COtMAND DR,EE WING, JRO FLOOR
 RANDOLPH AFB, TX 78150-4742      ANDREWS AFB. MO 20762-7001

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


AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2015-00165

GENERAL:         The applicant appeals for upgrade of discharge to Honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

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 discharge is upgraded to general.   However, the change of reason and authority for discharge and change of reenlistment code are denied.

ISSUE:   The applicant received a Under Other than Honorable 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 health disorders was present for this board. The applicant's record of service included three Article 15s, one Vacation of Suspended Non-Judicial Punishment, three Letters of Reprimand, one Letter of Counseling, and a General Court-Martial conviction. His misconduct included failure to go at the time prescribed to his place of duty (4x); being absent without leave from his unit and his place of duty (2x); failure to refrain from leaving the base; disregarding an order to report his traffic citation to First Sergeant; and failure to report to work at the appointed time and location. As a result of the applicant's General Court­ Martial, he was found guilty of failure to go at the time prescribed to his place of duty, being absent without leave, and wrongfully leaving the limits of base.

The applicant contends that his discharge was inequitable because it was based on a plea agreement to remove a federal conviction for infractions which normally result in a Letter of Reprimand or Non-Judicial Punishment. He further contends that all his issues occurred after he was falsely accused of sexual assault charges which destroyed his ability to think logically. This led to his complete mental and spiritual meltdown. The Board reviewed the entire record and found evidence where medical authorities were aware of his medical issues as documented in the Service Treatment Records. Also, it shows that after his deployment, the applicant was indeed charged with committing sexual assault on a female airman which the Board believes contributed significantly to the applicant's incidents of misconduct. 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 a discharge Under Honorable conditions (General). However, the change of reason and authority of the discharge and reenlistment code remain unchanged.

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 a discharge Under honorable Conditions (General) under the provisions of Title 10, USC 1553. The change of reason and authority of the discharge and the reenlistment code remain unchanged.


Attachment: Examiner's Brief

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