AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
AM E OF SERVICE MEMBER (LAST, FIRST MIOOLE IN ITIAL)
(b)(6)	GRA DE	
TYPE GEN	I	PERSONAL APl'EARA   CE	x	I	RECORD REVIEW	
COUNStL	NAME or COUNS(I.,, I) OR ORCANIZATION	ADDRESS AND OR ORCANl7 \TION Of"COUNSf L	
YES	No			
	x			

M EMBER SITTI N G	VOTF. OF THF. BOA RO	
	llON	GEN	UOTJ-1\	OTHER	DENY	
(b)(6)						x	
						x	
						x	
						x	
						x	
ISSllf S	A94.53	INO£X NUt6ti.t	A67.10	EXllBn s SUJJM ITrEu TO Til t: UOA llO	
		1	ORDER APPO INTING nu:BOARD	
		2	APPLICATION FOR REVIEW OF DISC'llAlGE	
		3	LETTER OF NOTIFICATION	
		4	13RIEFOF PERSONNEL. FI LE	
			COUNSEL·s RELEASE TO TlIE 130/\RD	
			ADDITION \L EXI 111.lll S SUBMlnEO AT TIME OF PERSONAi Al'l'EARAN('E	
			TAPE RECORDING OF PERSONAL APPEARANCE 1IEAR I G	
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30 Apr 20 15	C\SE Nl'MDER

FD-2013-00095			
APPLICANT'S ISSIfE ANDTl IE BOARD"S DECISIONAi. RATIONAl.E ARE 01$CUSSEO ON TllEArrACllED AIR FORCE DISCHARGE REVll"W BOARD DECISIONAL RATIONALE	
Case heard  i n  Washi ngton,  D.C.

Adv ise appl icant of the decision of the Board, the right to a pt:rsona l appearance:: with/wi thout counst:I, and the righ t lo subm it an applica tion to tht: AFBCMR.

(b)(6)	
JNOORSl!MENT	DATE:  5/8/2015	
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SAF/MRBR
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AI R FORCI:OISCllAR GE Rf;\'I t\\" ll(>ARO
l l COMIANO DR. t::t \\ IN(;,JH:tl ..-LOOR
AN DREWSAFB. MD lt76l·7001	
AFHQ FORM 0-2077, JA  ' 00	(EF-V2)	Previous

AIR FORCE DISCHAR GE REVIEW BOARD DECISIONAL RATIONA LE	CASE NUMHt:R

FD-2013-00095	

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

The applicant was offered a personal  appearance before the Discharge Review Board (ORB) but declined and requests that the review be completed based on the available service record.

The attached b1ief 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 recei ved a General discharge for Misconduct - Minor Disciplinary Infractions

The Air Force Discharge Review Board, under i ts responsibili ty 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, one Vacation of  non-judicial punishment, three Letters of Reprimand, and two Letters of Counseling. His misconduct included failure to remain on post; sleeping on duty (2x); failure to go to duty on time (2x); and losing automated entry control systems badge.

The applicant cited his desire to receive the G.I. Bi l l  benefits as justification  for upgrade.   The ORB noted
that when the appl icant applied for these benefits, he signed a statement (DD Form 2366) dated September 4, 2009, that he understood he must recei ve an Honorable discharge to receive future educationa l entitlements.
The Board  was sympathetic to the impact of the loss of these benefits for the applicant, but this is not a matter of inequ i ty or improp1iety which would wa1Tant an upgrade.

A discharge is upgraded only if the appl icant and the Board can establish that an inequi ty 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 characterizat ion.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural  and  substantive  requi rements  of the  discharge  regulation,  was  within  the  discretion  of the d ischarge authority, and that the applicant was prov ided full admini strative due process.

In view of the foregoing find ings, the Board further concludes that there exists no lega l or equitable basis for u pgrade of discharge and determines the discharge should remain unchanged.

Attachment: Exami ner's Brief