(b) (6)

(b) (6)

(b) (6)

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00448	

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 Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline

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. 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 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, five Letters of Reprimand, three Letters of Admonishment, three Letters of Counseling and three Records of Counseling. The misconduct included disobeying an order from NCO and being disrespectful towards a NCO; derelict in duty; failing to go to duty on time; failure to go (4x's); insubordination; failing to annotate service inspection prior to being placed on service line; failing to completely clean work area before departing and lying (2x's) to NCO, and driving POC on base without msurance.

The applicant states that he was the victim of a Military Sexual Trauma (MST) incident that affected his duty performance and he believes that the misconduct was a result of the MST. He states that he has formalized the incident with the Veteran's Affairs. Unfortunately there is no documentation in the applicant's personnel or medical records, nor did applicant provide any details for the Board to correlate the incident MST with
any of the misconduct that occurred over a period of two years and nine months of service.
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