AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FlRST MIDDLE INlTIAL)
(b) (6)

GRADE

TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
C()U\'.L	l'iAM£ OFCOUNSEL AND OR ORGANIZATION	ADDRESS ANDOR ORGANIZATION OF COUNSEL
YES	No
x

MEMBER SITTING

VOTE OFTIIE BOARD
HON	GEN	UOTHC	OTHER	DENY

(b) (6)	x

x

x x x
ISSUES	A94.00	INDEX NUMBER	A67.10	EXHIBITSSUBMl1TEOTO TBtlK>ARl>
1 ORDER APPOINTING TIIE BOARD
2	APPLICATTON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OFPERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMITTED ATTIMEOF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARINC DATE

04 May 2016

CAS£1'1lJMBER

FD-.2014-00449

Al'PLICA.N'r'SlV   AND1ll£BOARD'SDECISJONALl\A11QNi'LEAAJIDJSCUSSEOON'll$A'ITAOIEoAllll'    ORCEDJS<lfARGEllE\IJEWBOARl).DECISION'   ALJIATIONALE.	.
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)

Il:iDORSEMENT	DATE:   51' 3016
·..  -· ..	-	 	

TO:

SAFIMRBR
550CSTREETWEST,SUITE40 RANDOLPH AFB,TX 78150-4742

FR01:

SECRETARY Of THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGEREYJ£W BOARD
J!J5 COMMAND DR, EE WING, 3RD FLOOR ANDREWSAFB,MD  20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-201 4-00449	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 request to upgrade the discharge characterization.

The Board finds the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of 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. 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 two Article 15s and three Letters of Reprimand. His misconduct included dereliction of duty by failing to refrain from using his Government Travel Card for unauthorized purchases, failing to pay a just debt, writing two checks with nonsufficient funds, failing to go, and driving while under the influence of alcohol.

The applicant cited his desire to receive the G.I. Bill benefits and other benefits as justification for upgrade. The ORB noted that when the applicant applied for the G.I. Bill benefits, he signed a statement (DD Form 2366, on July 9, 2001) that he understood  he must receive an Honorable discharge to receive future educational entitlements.  The Board is aware that the present service characterization renders the applicant ineligible for these benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

A discharge is upgraded only if the appl icant 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 he 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