AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAM E OF SERVICE Mf.M BF.R (LAST. FIRSl' M IDDLE IN ITIAL)	GRADE	AFSN/SSAN
(b) (6)	(b) (6)
TYPE  G E	I	PERSONAL     APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAME or COUNSEL AND OR ORGANIZATION	ADORESSAND OR ORGANIZATION OF COUNSEL

Y£S	No
x

(b) (6)	(b) (6)

VOTE OF ffiE BOARD
MEMBER   SITTI NG	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x
x x
ISSUES	A94.53	INDEX llfUMOE R	A67.90	EX Ill BITS SUBMIITED TO THE  BOA RO
l ORDER APPOINTING THE BOARD
2  APPLICAT ION FOR REVIEW OF DISCHARG E
3  LETTER OF NOTlFICATION
4  BRfEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO TllE BOARD
ADDlTIONAL EXlllOJTS SUBMITTED ATTIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

ll EARING DATE	CASE N U IBER

24 Feb 2015	FD-201 4-00527
APPLICANTS ISSUE AND THE BOARD'S DECISIONALRA110NALE ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the AFBCMR .

(b) (6)

INOORSEMENT	DATE:   3/1612015	.
TO:	•1l.OM:

SAF/MRBR

SECRETARY OFTllEAIR FORCE PERSON!lfEI. COUl'1CIL
AIR FORCE DISCllARGE REV1E\V BOARD

550 C STREET WEST, SUITE 40

lS COMMAND DR, EE WlllfG,JRD FLOOR

RANOOLPll AFB,TX 78150-4742	ANOREWS AFB, MO 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-0052 7	

GENERAL:  The applicant appeals for upgrade of discharge 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 upgrade of the discharge

ISSUE: The applicant received a General discharge for a 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 characterizat ion 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 Letter of Counseling,  six Letters of Reprimand, and an Article 15. His misconduct included failing to go to duty on time (6x), being disrespectful to a SNCO, departing duty without authority, lying to a SNCO, failing to meet official duty requirements, and reporting to training late.

The applicant cited his desire to receive the G.I. Bill benefits asjustification for upgrade. The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on 21 September 2007 that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. 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.

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