AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE |
CASE NU MBER FD-2015-00275 |
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.
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 presumpt ion, 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 a Special Court-martial conviction for operating a vehicle while drunk.
The applicant contends that his discharge was inequitable because it was his first incident in his Air Force career. The applicant did submit in a statement that he drank too much while hanging out with friends at the Security Forces dorms. He started saying and doing things that he would have never done if he were not intoxicated . He decided to go home, get into his vehicle, and then proceeded to drive out of the parking lot. While leaving the parking lot, he drove into the rear bumper of a truck, causing approximately $1,500.00 in damages. The Board concluded that the negative aspects of the applicant 's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate. 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.
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 |
AF | DRB | CY2015 | FD-2014-00335
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischarge ReviewBoard (ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00206
GENERAL: The applicantappealsforupgradeof dischargetoHonorable,tochangethe reason andauthorityforthedischarge,andtochangethereenlistmentcode. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. ISSUE: Theapplicant receivedaGeneraldischargeforMisconduct-Minor Infractions
AF | DRB | CY2015 | FD-2014-00729
GENERAL: The applicantappealsforupgradeof dischargetoHonorable.The applicant appeared and testified before the Discharge Review Board (ORB), without counsel, at AndrewsAFBonFebruary24,2015.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.Afterareviewoftherecordandtestimonyfromtheapplicant,theBoardunanimouslyvotedtograntthe reliefof therequestedupgradeasdiscussedbelow. FINDING: The Boardgrantstherequestedrelief. ISSUE: The...
AF | DRB | CY2015 | FD-2014-00665
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorableandtochangethereasonandauthorityforthedischarge. TheapplicantappearedandtestifiedbeforetheDischargeReviewBoard(ORB),withoutcounsel,at AndrewsAFBonMarch12,2015 Thefollowingadditionalexhibitswere submittedatthe hearing: Exhibit#5:Applicant'sadditionalmedicaldocumentsTheattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2014-00558
GENERAL:TheapplicantappealsforupgradeofdischargetoHonorable. Theapplicant wasoffered apersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattached briefcontainsavailablepertinent dataontheapplicantandthefactorsleadingtothedischarge.FINDING:TheBoarddeniesthe upgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneraldischargeforUnsatisfactory Participation The AirForceDischargeReviewBoard,under...
AF | DRB | CY2015 | FD-2013-00787
GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable. TheapplicantappearedandtestifiedbeforetheDischarge Review .Board(DRB),withcounsel,viavideoteleconferencebetweenJointBaseAndrews Maryland,andJointBaseSanAntonioTexason22Jun2015. Thefollowingwitnessalsotestifiedontheapplicant's behalf: VanessaCamarena.
AF | DRB | CY2015 | FD-2014-00767
GENERAL: Theapplicant appealsforupgradeof dischargetoHonorableTheapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbe completedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothe discharge.FINDING: TheBoarddeniesthe upgradeofthedischarge.ISSUE: TheapplicantreceivedaGeneral dischargeforMisconduct-...
AF | DRB | CY2015 | FD-2014-00537
GENERAL: TheapplicantappealsforanupgradetoanHonorabledischarge. Theapplicantwasoffered apersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepe1tinentdataontheapplicantandthefactorsleadingtothe discharge. FINDING: The Boarddeniestheupgradeof thedischarge.
AF | DRB | CY2015 | FD-2014-00639
GENERAL: TheapplicantappealsforadischargeupgradetoHonorable. Theapplicantwasoffered apersonalappearancebeforetheDischargeReviewBoard(ORB)butdeclined andrequeststhatthe reviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailable pertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2014 | FD 2014 00214
GENERAL: Theapplicantappealsforupgradeof dischargetohonorable TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailable pertinentdataonthe applicantandthe factorslead ingtothe discharge.