AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL  APPEARANC E	x	I	RECORD  REVIEW
COONSl'l.	NAME OFCOllNSEI.. AND OR OR(;ANIZATION	ADDltESS AND OR ORGANIZATION Of' COl/NSEL
YES	No
x
VOTE OF 11IE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x

x x x
x
lsstJES	A93.21	INDEX NUMBER	A67.90	EXHIBITS SUBMITTED TO THE BOARD
A69.00	1 ORDER APPOINTING THE BOARD
2  APPLlCATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTrFICATION
4 BRlEFOF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NVMBtR

09 Jun 2016	FD-2014-00488
J:SSUSRID 1ltEllOAID'SIJllCISIONALRATIONALE ARE DISCVSSlil> ONTllBA1TA<HID AIJl.FOaCll DISCllAME lUlYEW IOAIU>	TDIAU!.

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)

INOORSEMENT	DATE:  6113/l8Ui	I
TO:	FROM:

SAF/MRBR

SEC1l£TARY OFTHE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST,SUITE 40	1535 COMMAND DR. EE WING. 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB,MD 20762-7001

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

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2014-00488	

GENERAL:  The applicant appeals for upgrade of discharge characterization  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.

Pursuant to l 0 USC 1553 this board included a member who is a clinical psychologist  or psychiatrist, or a physician with training on mental health·issues connected with post-traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

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

FINDING: The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: The applicant received a General discharge for Misconduct - Conduct Prejudicial to Good Order and Discipline and Substance Abuse Treatment failure. 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: one Article 15, one Vacation of Suspended Nonjudicial Punishment, and five Letters of Reprimand. His misconduct included failing to go to duty, misplacing pliers from a toolkit, failing to go to duty on time, making a false official statement with intent to deceive to a NCO and squadron commander (3x), dereliction of duty (3x) and disobeying a no contact order on divers occasions.

The applicant contends the discharge was unfair due to his commander impeding his Medical Evaluation Board process in order to pursue an administrative discharge.  He states that his medical condition should have allowed for a medical separation.

After a review of the record, the Board determined that no issues of inequity or impropriety took place at the time of the discharge. The commander's actions were within the guidelines of the discharge process.

A discharge is upgraded by DRB only if it is established that an inequity or impropriety took place at the time of discharge. After a thorough review of the record and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge. Additionally, 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 the discharge and determines the discharge should remain unchanged.	

The applicant is advised of his right to pursue further appeal through application to the Air Force Board for Correction of Military Records (AFBCMR) should he find reason that brings into question the decision of the Board.  The AFBCMR is an independent body chartered by Congress to redress any Air Force personnel action without influence of previous boards or their respective decisions.  The applicant may obtain information on appeal procedures from the AFBCMR web site at: http://www.afpc.af.mil/afveteraninformation/.

Attachment: Examiner's Brief