AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAM£ or Sf.RV ICE ME:M(lER (LAST, FIRST MlODLEINITIAL)	GRAtH:	AFSN/SSAN
(b) (6)	(b) (6)
TYPE   GEN	I	PERSONAL    APPEARANCE	x	I	RECORD   REVIEW
COUNSEL	NM I E Ot" COUNSEi. AND OR ORGANIZATION	ADDRESS  AND  ORORGAN17.ATl01'i Ot" ('OUNSEL
YES	So
x
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M EMBER SITTING	llON	GEN	UOTll('	OTHER	DF.NY
(b) (6)	x
x x
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ISSUES

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3	LI:I Il:R OF NO 1IFIC"A'l IUN
4	BRIEF OF PERSONNEL FILE
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24 Feb 20 15	FD-2014-00546
APPl,.ICANT·s rssvr; ANO 'fl'41! 00.\A.l)·s DOClSIONAL RATIONALE. AR6 DlSC\JSSf:D o TllB ATTA('Ht:D AIR FORCC: DISC"I IARGCl'tGVIGW DOARO Ol!CIStONAL l\ATl01'At6.

Case heard in Wash ington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/withou t counsel, and the ri ght to submit an appl ication to the A FBCM R.

(b) (6)

INUUH    l':Ml':NT	DATE:  3/ 18/2015
TO.	FROM:
S/\F/J\IRBR	s1;uu;MR\ OFTllE  \IR  rORl'E r1:K SOl'l'EL COllNCIL
AIR FORCE DISCllARGE RE\'1[\\' BOARD
550 C' STHEET WESl', SUITE -10	1  .l ('0\li\IANO DR. fF. \\'h"\C. lRO f l OOR
RANDOLPH :\FB. TX 78 1 50--17-12	ANDREll'S  MB.MD  20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONA LE	CASE NUIBER

FD-2014-00546	

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.

ISSUE: The applicant recei ved a General discharge for Misconduct - Minor Disciplinary Infractions

The Air Force Discharge Review Board, under i ts responsibility to examine  the propriety  and  equity of  an Appl icant'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 governmenta l 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 for wrongly degrading the body of a deceased reti red service member; four Letters of Reprimand for making false official statements, lying about owning a motorcycle and not adhering to the base motorcycle requirements, fai lure to  pass  a  fitness assessment (2x); and one Letter of Counseli ng for failure to return from lunch on time.

The applicant contends discharge was inequitable because i t was too harsh.  The appl ican t states that his discharge was due i n part to injuries from a motorcycle accident; two fitness assessment fai lures and an Article 1 5 recei ved for actions that he did not commi t.    After a review of the records, the DRB determined that the acts of misconduct  were not related  to the injuries sustained from the motorcycle accident.  The Board also detenni ned that a lthough accepting an Article  15 is not an admission of guil t, the mem ber had the opportu ni ty to decline the Article  15 and have his case heard via court martial.  The applicant had  ample opportuni ties to change his negati ve behavior through  the administrati ve actions taken against him.  The Board  concluded  the applicant's misconduct  was a significant  departure  from conduct expected  of a l l
mili tary members.  The Board further concluded that the negative aspects of the applicant 's service outweighed the positive contributions he made in his A i r Force career. The characterizat ion of the discharge recei ved by the applicant was found to be appropriate.

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 procedura l and substant ive req uirements of the  discharge regulation, was within the discretion of the discharge authority, and that the applicant was provided full administrati ve due process.

In view of the foregoing find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and detennines the discharge should remai n unchanged.

A ttach ment:
Exami ner's Brief