AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEhIBER (LAST, FIRST MIDDLE INITIAL)
{b) (6)

HEARING DATE
2016-12-04

CASE NUl\mER
FD-2013-
00727

TYPE	x

PERSONAL  APPEARANCE	NON-PERSONAL  APPEARANCE
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' COUNSEL
I    •	'	I'

Yes	No

NAME OF COUNSEL AND DR ORCANIZATION

ADDRESS AND OR ORCANIZATION OF COUNSE

. VOTE OF THE BOARD, ·	ii··..,...  ,  :. ···'·

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MEMBER  SITTING

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GEN	UOTHC	OTHER

DENY

{b) (6)	X*
X* X* X*
X*

ISSUES

INDEX NUMBER

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER  OF NOTIFICATION
4	BRIEi' OF PERSONNELFil.£
COUNSEL'S RELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBJ\mTED AT TIME OF PERSONAL
APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
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• A\'PLICAN!"S ISSUBAND'lllEBOARl>' SDECISI01'1ALRAT!ONllLS ARB DISCUSSED ON A'rrACHED AlllFORcEDIScijAR06 REVT BOARD DECISIONAL RATlONi+.B
Case heard in Washington, D.C.

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Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR.

*Narrative Reason

{b} (6)

TO:

SAF/MRBR
550 CSTREET WEST,SUITE 40 RANDOLPHAFB,  TX781S0-4742

FROM:

S.ECAETARY OFTH.EAIRFORC&  P&RSONll'EL COUNCIL
AIR  FORCEDISCHAltC&REVl&WBOARD lSlS COMMAND DR, EE \YING, JRO FLOOR AllDREWS AFB,MD 10761-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00727	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable and to change the reason and authority for the discharge.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference between Joint Base Andrews, MD, and Robins AFB, GA on December 6, 2016. A witness was present and testified on the applicant's behalf.

Np additional exhibits were submitted at the hearing.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: The Air Force Discharge Review Board, under itsresponsibility 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 applicant's record of service included: one Article 15; two Letters of Reprimand; one Letter of Counseling; and a conviction by Special Court-Martial. His misconduct included: receiving traffic tickets on three separate occasions and driving privileges suspended for 30 days; involved in an altercation resulting in a ·broken index finger and providing vague and incomplete information to supervisors; falsely representing self as not using or experimenting with marijuana prior to enlistment when in fact he used marijuana nine - ten times prior to enlistment; being caught for speeding and cited for reckless driving; failing to go to duty on time (2x); driving on divers occasions while his driving privileges were suspended for six months; failing to possess current personal injury and property damage liability insurance on personal owned vehicle; with intent to deceive, signing a false official statement; driving while intoxicated; being drunk on duty; and leaving the scene of an accident without making his identity known.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a General discharge for Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline. The applicant contends that his punishment was way too harsh. However, he submitted no issues regarding the equity or propriety of his discharge. The applicant claims that he believes he was punished for crimes that he didn't commit or had waivers for. The Board opined that, through the administrative actions taken, the applicant had ample opportunities to change his behavior. They found the seriousness and the amount of misconduct offset the positive aspects of the applicant's duty performance. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an·upgrade of the discharge.

A discharge is upgraded only if it is established 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, change of reason and authority 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 a<lm:inistrative due process.	

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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