AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST Mmou:INITIAL)
(b) (6)

GRADE

AFSNISSAN
(b) (6)

TYPE GEN

PERSONAL APPEARANCE
NAME OFCOUNSEL AND OR 0RGANl7..ATION

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN

UOTHC	OTHER	DENY

(b) (6)	•	x
•	x

ISSUES	A93.0l

IND£X NUMBER

A67.50

*	x
*	x
*	x

1 ORDER APPOINfING THE BOARD

2 APPLICATION FOR REVJEW OF DISCHARGE
3	LETTER OF NOTIFlCATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO Tiffi BOARD
ADDmONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATF.	CASE NUMBER

26 Feb 2015	FD-2014-00571

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

*SIGNAL

(b) (6)

TO:

SAF/MRBR
SSO C STREET WEST,SUITE 40 RANDOLPH AFB.TX 78150-4742

SECR£TARY OF THEAIR t•OR C& PERSONNEL COUNCIL AIR FORCE DISCHARGE iu:vn:w BOANJJ
1535 COMMAND DR,££ WING,JRD FLOOR
ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00571	

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 received a General discharge for Misconduct - 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.  The Applicant's record of service included five Records of Individual Counseling, three Letter's of Reprimand, and one Article 15 for failure to adhere to AFI 36-2903 dress and appearance standards, disobeying an order, financial irresponsibility, dereliction of duty, failed flight inspection, failure to practice operational risk management, and failure to properly transcribe and annotate maintenance write-ups.

The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.  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.

The Board highly recommends that if the applicant can provide additional documented information to substantiate their issue(s), that he should consider exercising his right to make a personal appearance before the Board.  Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety and any exemplary post-service accomplishments as well as any contributions to the community.

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