AIR FORCE DISCHARGE REV IEW BOARD H EARING RECORD
NAM E OF SERVICE M EM l3ER (Lf\ST, FIRST M IOOLE I 'ITIAL)	GRADE
(b)(6)
TYP I:: GEN	I	PERSONAL APPEARA    CE	x	I	RECORD  REVIEW
COUNSEL	.'1AME or COUNS[L AND OR ORGMil7ATION	,\DORE SSAN D OR ORGANl7,\ TION Of COUl'SEL
HS	No
x
VOTE OF THE BOARD
MEMBER SITTING	llON	GFN	UOTllC	OTll ER	DENY
(b)(6)	x
x x x
x
ISSUES	A94.53	INDEX NUMBER	A67.10	l!:XHllllTS St;Bi\lrnEO TO Tiit: BOARD
1 ORDER APPOINTING Tll E BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3	Lff rER OF NOTIF ICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO Tl IE BOARD
ADDITIONAL EXI 111311 S SUBMrlTED A'I  rJME OF PERSONAL  Al'l'l:ARANCE
TAPE RECO RDING OF PERSONAL APPEARANCF llEARING

ll EA Rll'G DATE	CASt;N llMUER

13 !\lay 2015	F0-2012-00415
APPU<:ANTS ISUE A 1>TllEBO,\RD"S DFC"ISIO'IJ\L RATIONALE ARE OISCtlSSE:DON TllFAITACl ED AIR FORCE DL<;CllARG E REVIEW OOARD orns10NAI. RATIO""' ll.

Case hea rd i n Washington , O.C.

Advise appl icant of the decision  of the Board, the right to a persona l appearance with/w it hout counsel, and the right to subm it an appl ication to the AFBCM R.

(b)(6)

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AIR FORCE DISCHARGE RF.VI £\\" 110,\RD
550   STREET	E 40	l  l COM;\ IANO OR.EE \\ INC• .lR O f'LOOR
RANDOLPl l AFB.TX 78150·-17-12	ANIJR  E\ISMB.MO    20762-1001

A FHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

·-·-·J

AIR FORCE DISCHARGE R EVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

F0-2012-00415	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but decl ined 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 Miscond uct - Minor Disciplinary Infractions

The Air Force Discharge Review Board, under i ts responsibil i ty to examine the propriety and equity of an applicanf 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 presu mes regu larity in the conduct of governmenta l affairs un less 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 Jed to the discharge and the discharge process to ensure the discharge met the perti nent standards of equity and propriety 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 applicant's record of service included one Article 15 for disorderly conduct; three Letters of Repri mand for failing to go to mandatory appointment, assaulting spouse, and failing to go to anger management class and four family advocacy appointments; one Letter of Counseling for communicati ng and interacti ng in a inappropriate manner with a woman that was not his spouse.

The member made no contention of impropriety or ineq u i ty. The applicant stated that he wanted to be able to find a better job in order to provide for his family and with the upgrade he would be able to do that.  After a thorough review of the records, the Board opined that the applicant's overall misconduct during his term of enlistment was the reason for his discharge and found no evidence to warrant an upgrade of the discharge characterization. A discharge is upgraded only if the appl icant and the Board can establish that an inequity or im propriety took place at the time of discharge.

CONC LUS ION: The Discharge Review Board concludes t hat the discharge  was consistent with the procedural and substantive requi rements of the discharge regulation, was within the discretion of the discharge authorit y, and that the applicant was provided full administrat ive due process.

In view of the foregoing find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determi nes the discharge should remai n unchanged.

Attachment: Exami ner's Brief