AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSN/SSAN

TYPE   GEN	x	I

PERSONAL APPEARANCE

I	RECORD  REVIEW

•	CY)'ISEL	NAME OF COUNSEL AND OR ORGANIZATION
1-Y-ES_-.;.· T'-.;...No--t

ADDRESS AND OR ORGANIZATION OF COUNSEL

I
I	X

Ml?l\fBER  SITTING

HON	GEN

UOTHC	OTHER	DENY

X*+ X*+
X*+ X*+

INDEX NUMBER	A67.10

I·  •
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4  BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X*+

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

05 Aug 2014

FD-2013-00798

Case heard in Washington, D.C.
Advise applicant of the decision of the Board, and the right to submit an application to the AFBCMR. Names and votes will be made available to the applicant at the applicant's request.
*Narrative
+RE code

 	

.·tJ.:r:·8/1'1/2014 ·

TO:

FROM:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00798	

GENERAL: The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and change to the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 5 August 2014.

The following additional exhibits were submitted at the hearing: Exhibit 5: Corrected DD 214 (DD215)
Exhibit 6: Anger Management Certificate

The a!tached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board denies the upgrade of the discharge, change of reason and authority for dicharge, and change of reenlistment code.

ISSUE: Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

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 character 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 did complete 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 records indicated the applicant received two Article 15s. His misconduct included failure to obey an order from a SNCO, disrespect to a SNCO and NCO, failure to go to duty on time, disrespect to two NCOs on two separate occasions, struck NCO with dorm  oor, and failure to stop drinking eight hours prior to duty.

Although not explicitly stated, applicant contends that his discharge had issues of impropriety due to a lack of a thorough investigation of an incident that was part of an Article 15. The incident in question pertained to striking an NCO with a dorm door. The member did not provide adequate proof to support the claim of being wrongfully accused. The Discharge Review Board surmised that there was not sufficient evidence of impropriety or inequity to warrant an upgrade of the discharge.

The applicant cited his desire to have his re-enlistment code changed in order to continue his military
service. The Board considered a change to the re-enlistment code; however they found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance which makes the member unsuitable for military 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, reason for the discharge or the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and 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