AIR FORCE DISCHARG E REVIEW BOARD HEARI NG RECORD
NAME OF  t:RV ICE MEMIJt.R (LAST,FIRST HOOL£INITIA L)	GllAOE	AFSN/SSAN
(b) (6)	(b) (6)
TYPE GE '	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW
COVllSEL	NA\1EOF  COlfSELA'D    ORORCA1'1ZATIOX	ADDRtSSAND OR ORCA.'17.ATIOX or COOXSCL
YES	""
x
VOTE: OFTRf. BOARD
M l<:M BER SITTING	llON	GtN	UOIMC	OTHER	DENY
(b) (6)	x

x
x
x
x
ISSU	AO l.55	INDEX  UMBER	A67.03	t:X lllBIrssUBMffrEOTOTHE   BOARD
J  ORDER APPOINTING TlIE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATlON
4	BRIEF OF PERSONNEL FrLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PtRSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARl"C DATE	CASE "UMBE,R

19 f eb 2015	FD-2014-00263
APPLICAvr sISSLE AD nu, BOARD'S IJl.Cl!>IONAL RA I lOALt ARE Ol!>CUSSEO ON THE ATfACHED AIR FORCE DISCHARGli RliVlli\\' BOARD ObCISIO'\AL RA110NALE.

Case heard in Wash ington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the A f.BCMR.

(b) (6)

TO:	FROM:

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SAf/'MKUR

SCCR£TA11\'OPTllC AIR l'ORC& l'ERSOSELCOl'l,CIL
AIR H)RO: DISCIL\RCE RE\1EW BOARD
550 C STREET WEST,SUITE 40	l.S CO\l\IA1'0 OR. £.E\\ 1:0-C, JRO tl..OOR
RANDOLPH AFB,TX 78150-4742	Al\ORE\\SA.-S. MO 207'2-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00263	

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.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: The applicant received a General discharge for Misconduct - Commission of a Serious Offense

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.   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 Letters of Reprimand (LOR) for drunk or reckless driving, fleeing the scene of an accident and disorderly conduct; one LOR for Driving Under the Influence (DUI) and being involved in a privately owned vehicle accident; and an Article 15 for failure to refrain from using GTC for unauthorized purposes.

The applicant contends his discharge was improper because it was based on a DUI that was dropped. He also claimed the Las Vegas Police Officer who stopped him was dismissed due to "several false accusations." As noted above, the records indicated the applicant received two separate administrative actions for his actions while inebriated. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. They also believed that the applicant's misconduct was a significant departure from conduct expected of all military members. The Board reviewed the entire record and found that neither the evidence at hand or that presented by the applicant present any evidence of impropriety or inequity to warrant an upgrade of the discharge. 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 , 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