AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD
NA\ E OF SERV ICE MEMl.IER (LAST, FIRST MIODLE INITIAL)	GRA DE	AFSN/SSAN
(b) (6)	(b) (6)
TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD REVIEW
COlNSEL	N;-\ 1\IJ-; or COlfNSE .. ANO OH: ORCAi"\17.•ATION	1\DOH.ESS AND OR ORCANIZA"rlON Of COlfStt.
\ ES	No
x
VOTE OFTllE BOARD
l\IEMBER SITT! 'G	llON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x
x x
ISSl'l:S	A94 .55	INOI- ;\ NU:ilBt:R	A 67.SO	EXlllBITSSUlMrrrnoTOTllE   BOA  RI)
I ORDER APf>OINTING Tl IE BOARD
2	APPUCATION FOR RFVIF\V OF OISll IARGr=
3	u nF.R OF NOTIFICATION
4	RRIFFOF PFRSONNEI Fil E
f'OUNSF I·s RFI F.,\SF TO TllF ROAR O
AODl'IIONAL EXlllBrl S SlJ13MITrED AT TIME 01' PERSONAL  APPEARANCE
'I/\f>E RECORDING OF PERSONAL 1\P l'Et\RANCE IIEARING

ll t..t\l< IXG IJr\ l t:	<-1\SI-: Nl' IBt:R

11 Feb 2015	FD-20 14-00432
APPLICANT'S ISStrE ru'IDTllE OOARD'S l)fCISIO\IAL RATIONALE ARE DISCl'SSF.D ONTllEATTACllED AIR roRCEDISCllARGE REVIEW BOARD DECISIONAL RATIO'IALE.

Case heard in Washi ngton, D.C.

Advise appl icant of the decision or the Board, the right to a personal appearance with/without counsel, and the right to subm it an appl icat ion to the A r.BCM R.

(b) (6)

INOORSF-Mf.NT	DATE: 3/ 16/2015
TO:	FRO\I·

SAF/f\IRBR

Sf.C:RETARY or Tll E "'R f'ORCE PERSONEL C'OLlNCll.

r	sun

A l   ..OR(f n1SCJ1AMCf  IU'\'lf'\\' HOARD
550   STREE I\\' Si'	E-lO	1.1;(0 lIANI) OR.EE Wl  G• 1RO FLOOR
RANDOi.Pi i Ar13. TX 78 150--17-1	1\ 'l)RE\\S A ..O.   11) 20762 70-0 1

AFIIQ FORVI 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCH ARG E REVIEW BOARD DECISIONAL RATIONALE	CASE ;>;UI B£R

FD-2014-00432	

GENERAL: The appl icant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but decl ined and requests t hat the review be completed based on the available service record.

The attached brief contains available pertinent data on the appl icant and the factors lead ing to the discharge.

FINDING : The Board denies the upgrade of the d ischarge.

ISSUE: The appl ican t received a General discharge for Pattern of Miscond uct - Conduct Prejud icial to Good Order and Discipl ine

The Air Force Discharge Review Board, under i ts responsibil i ty to examine the propriety and equity of an Appl icant's discharge, is authorized to change the characterization of service and the reason for discharge if such change is warranted. In reviewing discharges, the Boa rd presu mes regularity in the conduct of governmen ta l affa i rs unless there is substantial cred ible 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 Appl ica nt·s record of service incl uded two A rt icle I 5s. one Vacation of on-Jud icial Punishment and one Letter of Reprimand. Applicant"s misconduct i ncl uded wrongfu lly maki ng a false statement (2x.s) \\'rongful ly solici ting an ainnan to commi t assault; stea l ing $700.00 worth of property from another a irman and engagi ng i n an act of sodomy.

Although not expl ici t l y stated. the applicant contends discharge was ineq ui table clue to him being i mproperl y informed, and bei ng judged based on his home station while TOY. Applican t stated that he would like t hi s upgrade to provide a better I i fc for his fami l y. The ORB opined that th rough the administrat ive actions
taken, t he applicant had ample opportuni ties to change hi s negat i ve behavior. The Board concluded the applican r s miscond uct was a significan t departu re from conduct expected o!' mi l itary members. Aftcr a thorough review o l' thc record, the Board found no evidence t o j usti l'y an u pgrade of the d ischarge
characterizat ion, t he characteriza tion received by the appl ican t was fou nd to be appropriate.

A discharge is u pgraded only if t he applicant and the Board can establish t hat an ineq ui t y or im propriety took place at the t i me of discharge.

CONCLUS ION: The Discharge Review Board concludes that the discharge was consisten t \\'i th the proced ural and substant i ,·e req uirements of the discharge regulat ion, \\'US wi thi n the discretion of the discharge authority, and that the applicant was provided fu ll administ rat i' c due process.

I n view of t he foregoi ng find ings, the Board further concludes that t here exists no legal or equitable basis for upgrade of discharge and determ ines the discharge should remai n u nchanged.

Attachment: Exam iner's Brief