AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NA ME OF SERVICE i\'1£M11Ell (LAST, FIRST l\ll OOL£ IN ITIAL)	GRAl)E	AFSNISSAN
(b)(6)	(b)(6)
TYPE GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
COUNSEL	NAME  OF COUNSEi..,\NI) OR ORC1\NIZ.HIO	AOORESSANO OR 0RCANl7.ATION OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	llON	GEN	uon1c	OTHER	DENY
(b)(6)	x
x x x x
ISSUES	A94.53	l   D:• \!' NUIDf;H	A67.IO	£XllllllTS SUBMff fF.J) TO rni:: BOAllD
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3 LI: ITER Of NO I ff lCA'l ION
4  BRIEF 01·PERSONNEL FILI:
COUNSEL'S Rl:LE/\SE  10 1 1ll: BO/\IW
ADDITIONAL EX I llBITS SUl3MITTED AT Tll\IE OF PCRSONAL APPEARANCE
TAPE RECORDING OF PERSONAL Al'Pf:ARANC'E I !EARI NG

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19 Feb 2015	FD-2014-00553
"rr1..ICA1"' T"S ISSIJG AM) TIIC OOARD'S DCCISIONAL RA roONAI.£ ARE DISCUSSto ON TllE ATIACllC:D AIR roncE DISCllAACiEREVIEW  BOARD DECISIONAL. RA110hALE

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 submit an appl ication to the A FBCM R.

(b)(6)

TO:

INOORSEMENT	OATE:   3/16/20 IS	-
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RANDOLPll AFB, TX 78150--1742	ANDRE I\ $ ,WB, MO lt76l-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUIBER

FD-2014-00553	

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 conta ins available pertinent data on the applicant and the factors lead ing to the discharge.

FINDING: The Board denies the upgrade of the discharge.

ISSU E: The applicant received a General discharge for Misconduct -Minor Disciplinary Infractions

The Air Force Discharge Review Board, under its responsi bility 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 perti nent standards of equity and propriety. The Applicant 's record of service included one Article 1 5 and three Letters of Reprimand. His misconduct included failing to go to duty on divers occasions, being arrested by civil ian authorities for public drunkenness, observed consumi ng alcohol by I si Sergeant in direct violation of the after care program for A DA PT, and bei ng involved in an alcohol related physical altercation with another ainnan.

The applicant contends that some of the incidents used to determi ne discharge was improper. The ORB opined that through the administrati ve actions taken, the applicant had ample opportunities to change his negative behavior.  App licant provided no justification or evidence to support his statement of discharge being improper. The Board reviewed the entire record and found no evidence of impropriety or inequi ty to warrant an upgrade of the discharge.  The characterization 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 ineq uity 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, reason for the discharge or the reenlistment code.

CONCLUS I ON: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive 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.

I n 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 remai n unchanged.

Attachment: Examiner's Brief