AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

(LAST, FIRST.MIDDLE INITIAL)

HEARING DATE
2016-11-17

CASE NUMBER
FD-2014-00495

TYPE

PERSONAL  APPEARANCE	X

NON-PERSONAL APPEA.RJ.mCE

COUNSEL
Yes	No

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGAl\1?.ATION OFCOUNSEL

:MEMBER SITTING

HON
x x x x x

GEN	UOTHC  ·	OTHER	DENY

EXDlBlTS SUBMITrEDTO THE.BOARD
1	ORDER APPOINTING  THE130ARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL' SRELEASE TO THE BOARD

ADDITIONAL EXHIBITS SUBMITTED AT TIMEOF  PERSONAL
APPEARANCE	..

TAPE RECORDING OF PERSONAL APP

CE HEARING

APPLICANT'S ISSUliANDTHEBOARD' SDllCISIONALJ!.ATIONALS ARE DISCUSSED ON THEATIACf!ED AIR FORCE DISCHARGE REVIEW BOAl\I> DECISIONAL RATIONALE. //
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 AFBCiYiR.

TO:

SAF/MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY   OFTHEAIRFORCEPERSONNELCOIJNClL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR. EEWlNG, 3RD FLOOR
ANDREWSAFB,   MD2076i-1001

AF.HQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

r------ . --

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00495	

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.

FINDING: After a review of the record, the Board unanimously voted to grant the·relief of the requested upgrade as discussed below.

DISCUSSION: The Air Force Discharge Review Board, under its responsibility to examine the propiiety and equity of an applicanf 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 applicant's record of service included one Article 15 and four Letters of Reprirpand. His misconduct included failing to go to duty, failing to pay just debt, failing to go to a dental appointment, failing to shave, and sleeping while on duty.

The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions. The applicant is requesting an upgrade in order further his career in criminal justice. After a thorough review of the record and the information supplied by the applicant, the DRB determined there is sufficient evidence to support a claim of inequity. Although the Board does not condone applicant's misconduct, the Board found that the applicant's medical and family issues were significant mitigating factors that may have affected his ability to serve satisfactorily. The Board determined a change to discharge characterization is warranted.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge under the provisions of 10 USC §1553.

Attachment: Examiner's Brief

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