------iNAME or COUNSEL AND Oil ORGANIZATION
AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00226 |
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 two Article 15s, one Vacation of Non-Judicial Punishment, two Letters of Reprimand and one Letter of Counseling. His misconduct included being disrespectful in language towards two non-commissioned officers (NCO) (2xs), disrespectfully walking away from NCO while being addressed; failing to report to prescribed place of duty; failing to go to appointed place of duty and reporting late for duty.
The applicant contends discharge was inequitable because it was too harsh. The applicant also stated he was told his discharge would automatically be upgraded after three years of being discharged. The Board noted that the issue automatic upgrade was a common result of miscommunication at the time of discharge. A request for upgrade can be submitted after discharge however; the upgrade is by no means automatic. 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. The DRB opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. The DRB concluded the applicant's misconduct was a significant departure from conduct expected of all military members. The Board further concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. 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.
In view 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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