AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00299 |
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 and the change of the narrative reason. 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 one Article 15 and three Letters of Reprimand. His misconduct included failure to refrain from providing alcohol to individuals under the age of 21; with intent to deceive, making a false official statement to an officer and an NCO. His misconduct also included being arrested by the local police for an alcohol related incident, failure to report to duty and reporting late for duty.
The applicant contends discharge was inequitable because it was too harsh. He claims that while awaiting separation via the Date of Separation rollback program, he was involuntarily. discharged by request of his First Sergeant. The records indicated the applicant received an Article 15 while pending separation via the force shaping program. The rollback program does not supersede administrative actions for misconduct. 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, 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.
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-2015-00047
GENERAL:Theapplicantappealstochangethereasonandauthorityforthedischargeandtochangethereenlistmentcode.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING:TheBoarddeniesthechangeofreasonandauthorityfordischargeandchangeofreenlistment code.
AF | DRB | CY2009 | FD2008-00299
AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL) GRADE AFSN/SSAN AMN TYPE | PERSONAL APPEARANCE xX RECORD REVIEW .| NAME OF COUNSEL AND OR ORGANIZATION ADDRESS AND OR ORGANIZATION OF COUNSEL MEMBER SITTING HON GEN UOTHC OTHER DENY xX x x xX xX 7 — issuES 94,53 INDEXNOMBER 464.00 2 BOIS SUBMEETED A93.01 [1 | ORDER APPOINTING THE BOARD |2_|APPLICATION FOR REVIEW OF DISCHARGE 3 |LETTER OF NOTIFICATION 4 |BRIEF OF PERSONNEL FILE COUNSEL’S...
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GENERAL: Theapplicantappealsforupgrade ofdischargetoHonorable.Theapplicantwasoffereda personalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted based ontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge. ISSUE: TheapplicantreceivedaGeneraldischargeforMisconduct-PatternofMisconduct
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GENERAL:Theapplicantappealsfor upgradeofdischargeto Honorable.Theapplicantwasofferedapersonal appearancebeforetheDischargeReviewBoard (DRB)but declinedandrequests that thereview becompleted basedontheavailableservicerecord.Theattached briefcontainsavailablepertinentdataontheapplicant andthe factors leadingtothedischarge. FINDING:TheBoard grantstherequestedrelief.TheBoard findsevidenceintherecordtosubstantiateanimpropriety thatwouldjustify achangeinthedischarge. ...
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GENERAL: Theapplicantappealsforupgradeofdischarge toHonorable. TheapplicantappearedandtestifiedbeforetheDischarge Review .Board(DRB),withcounsel,viavideoteleconferencebetweenJointBaseAndrews Maryland,andJointBaseSanAntonioTexason22Jun2015. Thefollowingwitnessalsotestifiedontheapplicant's behalf: VanessaCamarena.
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AIRFORCEDISCHARGE REVIEWBOARD HEARINGRECORDNAMEOFSERVICEMEMBER(LAST, FlRSfMIDDLEINITIAL)(b) (6)GRADETYPE GEN I PERSONAL APPEARANCEx I RECORD REVIEW c:ocrcaa;NAMEOPCOUNSEi.. ANOOR ORGANIZATIONADDRESSANO OR ORGANIZATION OFCOUNSELYtSNoxMEMBERSITTINGVOTEOFTBEBOARDHONGENUOTHCOTHERDENY(b) (6)xxxxxISSUES A45.00 INOtXNUtBER A69.00 EXHIBITSSUBMl'ITl:DTOTHE BOARD1ORDERAPPOCNTCNGTHEBOARD2APPLICATIONFOR REVIEWOFDISCHARGE3LETIEROFNOTlfJCATION4BRIEF OFPERSONNELFlLECOUNSEL'SRELEASETO...
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GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable.The applicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclinedandrequests thatthereviewbecompletedbasedontheavailableservicerecord.The attachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoarddeniestheupgradeofthedischarge ISSUE:...
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GENERAL: Theapplicant appealsforupgradeofdischargetoHonorable.Theapplicantwasofferedapersonal appearancebeforetheDischarge ReviewBoard (DRB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord.Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge. FINDING: TheBoard deniestheupgradeofthedischarge ISSUE:...
AF | DRB | CY2015 | FD-2015-00061
GENERAL: TheapplicantappealsforupgradeofdischargetoHonorable. TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard (ORB)butdeclinedandrequeststhatthereviewbecompletedbasedontheavailableservicerecord. Theattachedbriefcontainsavailablepertinentdataontheapplicantandthefactorsleadingtothedischarge.
AF | DRB | CY2015 | FD-2015-00072
GENERAL: Theapplicantappeals forupgradeofdischargetoHonorable.TheapplicantwasofferedapersonalappearancebeforetheDischargeReviewBoard(DRB)butdeclined andrequeststhatthereviewbecompleted basedontheavailableservicerecord.Theattachedbrief containsavailablepertinentdataontheapplicant andthefactorsleadingtothedischarge. FINDING:TheBoarddeniestheupgradeofthe discharge.ISSUE:The applicant receivedaGeneral discharge forMisconduct -Minor DisciplinaryInfractionsTheAirForceDischargeReviewBoard,underits...