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IO F b 20 15	FD-2014-00434
APPLC'A1''T"S IS.St r A'-D Tlfi  00\RDS DH'ISIO'IAL RATION"1.[ARCD1SCl:SSO> O\lTlrCATTA('llLO AIR fORC't:Dt('llARCr R.tVtr\\ ROARl)Or(:IStO .\l. RATIOXALE

Case heard in Washi ngton, D.C.

Advise applicant of the decision of the Board, the right to a persona l appearance wi th /without counsel, and the right to submit an application 10 the A FRC'M R .

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AFHQ FOR   I 0-2077, JA1   00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	C,\SE'W;\IBEH

FD-2014-00434	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable.

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

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

FINDING : The Board denies the upgrad e of the discharge.

ISSU E: The appl icant recei ved a General discharge for Misconduct - M i nor Disciplinary Infractions

The Air Force Discharge Review Board, under i ts responsibi l i ty to examine the propriety and equity of an Applicant's discharge, is authorized to change the characteri zation of service and the reason for discharge if such change is warran ted. I n reviewi ng discharges, the Board presu mes regulari ty in the conduct of governmen tal affairs unless there is substantial cred ible evidence to rebut the presumption, to incl ude evidence submitted by t he applicant. The Board completed a thorough review of the circumstances that led to the discharge and t he discharge process to ensure the discharge met the perti nent standards of equity and propriety. The appl icant's record of service incl uded one Letter of Repri mand for cheating on an ALS exam; 6 Letter of Counsel ing·s for failing to wear appropriate PT attire, disre pect to an  CO (2x). fai l ing to obey an order, insubord inute to u CO and for missi ng a dead l ine; three Records of Individ ual Counseli ng for failing to properl y inventory a tool box. bei ng late to \\'Ork and derelict ion of duty disobeying a direct order.

The member contends that his discharge was due to an issue of possible test compromise during ALS. He claims t hat there was no proof of him cheat ing on that test. Although the member bclie\'CS that the discharge was based on the basis of test compromise, the true basis of the discharge was due to m ul ti ple discipli nary
i nfract ions. A d ischarge is upgraded only if the appl icant and the Board can establish that an i nequi ty or
impropriety took place at t he time of discharge. A lter a thorou gh review of the records, the Boa rd found no evidence to wa rra n t an u pgrade of the discharge characteri zation .

CONCLUSION : The Discharge Review Board concludes t hat the discharge was consisten t vvi th the proced ural and substa nt i ve requi rements of the discharge regulat ion, was wi thi n the discretion of the discharge authority, and t hat the applicant was pro\'ided full administ rat ive due process.

I n view of t he foregoi ng fi nd ings. the Board further concludes t hat there exists no legal or equitable basis for upgrade of discharge and determi nes the discharge should remai n unchanged.

Attachmcnt: Exami ner's Brief