AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INJTJAL)	GRADE	AFSNISSAN

rYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW
,.,  c9u...,....- NAME OFCOUNSEL AND OR ORCANIZATION	ADORE. S AND OR ORGANIZATION OF COUNUL
YES	No

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MEMBER  SITTING	llON	GEN	UOTHC	OTHER	DENY
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ISSUES	A94.53	INDCX  NUMBER	A67.10	. ,.  EXHIBn'SS	.	TOTHE BOARD 1 ..,,.	. ·
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITf ED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

H gARING D4Tt	CAS£ NUMB£R

05 Nov 2014	FD-2014-00266
;ll.AJ>l>tt;j\.!<l"S ISSUE AND ThOAl!.O'SOECISIONA};; Hlo...ALll ARE Ol

, ON nmA'JftAIR FORCll DISCllAR.CrE lllM11f 80ARl>OEC1SIONA.L lt;\TIONALI!.	.v· ;if-·	.W-·	11

:ase heard in Washington, D.C.

!'\dvise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an
:ipplication to the AFBCMR .

'\fames and voles will be made available to the applicant at the applicant's request.

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''i[I",....,,	"'	i         iO:l}'flll'i'ffeTt:·:''Jl/24/Zltli

TO:	FROM:

SAF/MRBR

SECRETARY Of THE AIR FORCE PERSONNE L COUNCIL
AIR t'ORCE DISCHARGE REVI EW 804RO
550 C STREET WEST, SUITE 40	I SJS COMMAND DR. tE WING.JRD FLOOR
RANDOLPH AFB, TX 78 I50-4742	ANDREWS AFB. MD 20762-7001

AFHQ FORM 0-2077,JAN 00

(EF-V2)

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00266	

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.

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. Inreviewing 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 Applicant's record of service included two Article l Ss, six Letters of Reprimand, one Letters of Admonishment, and one Record of Counsel. His misconduct included being drunk and disorderly, failure to go to duty, failure to comply with a lawful order, failure to conduct 100 percent ID check at entry gate, operation of personal vehicle without proper registration, failure to report vehicle accident, and failure to refrain from going out to night clubs prior to duty shift.

The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on June 21, 1999) that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

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.

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