AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
COONSEi.	NAME OFCOUNSEL AND OR ORGA. UATION	ADDRESS AND OR ORCAN. IZATION or COliNSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER     SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x
x x x
x
ISSUES	A93.23	INDEX NUMB.ER	A67.90	EXHIBITS SUBMITI'ED TO THE BOARD	I
l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OFNOT!FICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHffilTS SUBMITTED AT TrME OF PERSONAL  APPEARANCE
TAPE RECORDCNG OFPERSONAL APPEARANCE HEARING

HF.ARING DATE	CASE NUMBER

21 May 2015	FD-2014-00403
APPLICANT'S ISSUE AND Tl!E eo.uo·s DECISIONAL llATIONALE AR£ DISCUSSED ON.TJ!EATTAO!ED All. FORCE DISCHAllGE IU!VIEW BOM.D DECISIONAL 11ATIONAL£.

Case heard in Washington, 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 AFBCMR.

(b)(6)

-	---

INDORSEMENT	DATE: 6117/2015
·	---· -·-···	-.- - · ritOM: - --------	-

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TO:

SAF/MRBR	S£CIU:TARY

or nm AIR roRCE PEJISOJ\NEL COUNCIL

AIR FORCJ: DISOIARCE llEVIEW llOARD
550 C STREET WF.ST, SUITE 40	1515 COMMAND DR, £1! WING, 3RD fLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS  A.f1I,  MD W6l-MI

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00403	

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: The 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 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. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board. 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, one Letter of Reprimand and two Letters of Counseling. His misconduct included failing to obey lawful order of NCO (2x's); failing to refrain from sleeping on duty; failing to obey order and disrespecting authority and dereliction of duty by failing to remain awake and complete frequency time change.

The applicant contends misconduct was due to several medical issues (anxiety, insomnia and suicidal thoughts). The Board, after reviewing the evidence in the personnel record, medical record and documents submitted by applicant, did not conclude that the preponderance of the evidence showed that anxiety or sleeping disorder caused the misconduct. It was revealed that there was never any mention of a sleep issue in the records prior to the misconduct and applicant did not seek treatment until he received paperwork for sleeping on duty. There was insufficient evidence to show a requirement for a MEB at the time applicant was undergoing administrative discharge. The applicant consulted legal counsel and this was not an issue the applicant made at the time, only stating that he has taken the steps to get better and would like to continue to serve or receive an Honorable service characterization. The Board concluded the discharge characterization was appropriate due to the misconduct. 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.

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