AIR FORCE DISCHARG E REVIEW  BOARD HEARING  RECORD
NAM E OF SERVICE MEIBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b} (6)
TYPE GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
COUNSEL	NAME Of COUNSEL AND OR ORGANIZATION	ADDRESS Al.'ID OR ORGANIZATION Of COUNStL
YES	No
x
VOTE OF THE BOARD
MEM BER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b} (6)	x
x x x x
ISSUES	A94.53	11"D£X NUMBER	A61.00	EXHIBITS SUBMITTED TO THE BOARD
A67.05	l ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFJCATION	 	
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDIN G OF PERSONAL APPEARANCE  HEARING

HEAIUNC DATE	CASE NUMBER

27 May 2015	FD-2014-00497
APPLICA1'T"S ISSUE AIW 1llEBOARD'S DECISIONAL 11..'TIONALE AM DISCl.'SSED ON 1llEAITAOIED A.Ill F0M:E D1SCHA1tGE REVIEW BOARD D£CISIONAL II.'TIONALE..

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}

INDORSEMENT	DATE : 61512015	J
TO:	FROM:
SAF/MRBR	SECRETARY OFTHE AIR FORCE PERSONNEL COUNCii.
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535C011'1AND OR,EE WINC,3RD  FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB. MO 20761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00497	

GENERAL: The applicant appeals for upgrade of discharge 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: The Board denies the upgrade of the discharge.

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 - Civil Conviction and Pattern of Misconduct - Conduct Prejudicial To Good Order And Discipline

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 . In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board. The applicant's record of service included a vacation of suspended non-judicial punishment, action which was a direct result of a civil conviction, one Article 15, three Letters of Reprimand, and two Letters of Counseling within 24 months of service. His misconduct included failing to provide registration and reckless driving; not present at time or place of duty; failure to maintain radio discipline IAW standards and lying about it; carrying and using cell phone while on duty disregarding SF Operating Instructions; failure to obey a lawful order; issued two court summons for speeding; being arrested and detained for two days by local police for DWI, eluding/disregarding a police officer while speeding and driving while drunk/reckless driving on a suspended license (2x's).

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant contends that he should not be penalized indefinitely for mistakes he made at the time of his discharge. The applicant made claim that his untreated depression and anxiety contributed to a short, temporary time period where he made a couple of poor decisions. After a thorough review of the record, the Board found no evidence which links any medical conditions as a contributing factor to his misconduct. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his behavior. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct. A discharge is upgraded only if the applicant 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 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.

Inview 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