AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE |
CASE NUMBER FD-2015-00312 |
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 appl icant received a General discharge for Misconduct -Unsatisfactory Performance
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, four Letters of Reprimand and one Letter of Admonishment. Her misconduct included failing to go to prescribed appointed place of duty; absenting herself from duty; failing to check in and out before and after work; derelict in performing duties (3x's); failing to complete training.
The applicant submitted no issues regarding the inequity or impropriety of her discharge. The applicant cited her desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, she signed a statement (DD Form 2366, on November 5, 2004) that she understood she must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. 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.
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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