AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE Ml:MllER (LAST,FIRST MIOOLEINITIAL)
(b)(6)	CRA OE	AFSN/SSAN	
TYPE HON	I	PERSONAL APPEARANCE	x	I	RECORD   REVIEW	
COIJNStL	NAI E OF COUNSEL ANO OR ORGANIZAT I ON	ADDRESSANO OR ORCANIZATION  OF COUNSEL	
YES	No			
	x			

MEMBER  SITTING	VOTE OF THE BOARD	
	HON	GF.N	IJOTHC	OTHER	DENY	
(b)(6)					*	x	
					*	x	
						*	x	
						*	x	
					*	x	
ISSUES	A94.53	l''D•:x  NlIOER	A l3.00	EXIllBITS SUBMITTEDTO 'l'llF: BOARD	
		J	ORDER J\PPOINTING THE BOARD	
		2	APPUC' ATION FOR RE\'IEW Of DISCHARGE	
		3	Ll:Trt R OF NO IIFIC'A IION	
		4	UIUE 01' l'ERSONN1 1.FlI.I:	
			COUNSEL'S REl.EASI: 10 Till:BOARD	
			ADI)!"( IONAL  EXIllBIIS SUl3MI nED A  ITll\ll:OF PERSONAL. APl'EARANC'F.	
			TAPE RECORDING OF PERSONi\L i\PPEi\Ri\NCE 111 /\HING	
111;,\IUXC llAH'.

11 Feb 20 15	C.\SI:NlJMBf. K

FD-2014-00445			
APPLICANT'S ISSL'l'A'IO TIIF. OOAR()'S Dl'C'ISIONAl RATIONAt.E AR DIS<VSSEOONTIIF. ATTAC'llEOAIR fORCF. ()IS('llARC.llRIN!r.W 80AP.() DOCISIONAl. RATIONALE	
Case heard in Washington, D.C.

A dvise applican1 of the decision of the Board. the ri ght to a persona l appearance with/wi 1hout counsel, and the right to submit an a ppl ication to the AFRCM R.

. * CHANGE RE CODE

(b)(6)	---

---
INDORSEMENT	DAT!<:: 3/Z3/2015	
TO:
Si\F/J\1RBR
550 C' STREl:'T WEST, SUIT!:40 RANOOLPll AFB, TX 78150-4742	FROM:
Sl:<Rf.TAR \ OFTll E AIR FORCE PERSONNEL COUNCI L AI R t'ORCE DIS(llARra:Rf.\'I [\\' ROARD
15.1; CO\IMANO DR. EE \\ 11'C.JRO FLOOR ANDRE\\S AFB. )10 l076l-700 1	
A FHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

A IR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NU lllf.R

FD-2014-00445	

GENERA L: The appl icant appeals to change the reason and authority for the discharge and to change the reenl istment code.

The applicant was offered a personal appearance before the Discharge Review Board (OR B) 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 lead ing to the discharge.

FINDING: The Board denies the change of reason and authority for discharge; however change of reenlistment code is granted.

ISSUE: The applicant received an Honorable discharge - Fai lure to Meet Minimum Fitness Standards

The Air Force Discharge Review Board , under i ts responsibili ty 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 d ischarges, the Board presumes regularity in the conduct of governmenta l affa i rs u nless 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 ensu re the discharge met the pert inen t standards of equity and propriety. The appl ican t's record of service included a Letter of Reprimand and a Letter of Counseling for fa iling fitness assessments.

The applicant submitted no issues regard ing the ineq ui ty or impropr iety of his discharge. The appl icant docs submit that he would l ike to jo in the Air Nationa l Guard and is u nable to with his cun-ent R E Code 4B.  A
discharge is u pgraded only if the appl icant and the Board can establish that an ineq uity or im propriety took place at the time of discharge.  After a thorough review of the record, the Board found no evidence to justi fy an upgrade of the reason for the discharge; however.  the board found evidence of impropriety with  member's RE Code that was recei ved at the ti me of his discharge in April 201 I .  RE code 4B (fa i l ure to meet weight managemen t standards) was removed from AFI 36-2606 and should have reflected R E Code 4J (Received poor fitness assessment and th e com ma nder dctenni ned the ind i vidua l is inel igible) at the time of his discharge.

CONCLUSI ON: The Discharge Review Board concludes that the discharge was i nconsistent with the proced ural and substant ive requi rements of the d ischarge regulation and finds the appl icant was not provided fu ll adm inistrati ve due process.

In view of the foregoing find ings, the Board further concl udes that there exists no legal or equitable basis for a change in the reason for d ischarge; however the reen listmen t code should be changed to 3K under the provisions of Title I 0, USC 1553.

Attachment:
Exa miner's Brief