AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBr.R (LAST,FIRST MIDDLE·INITIAL)	HEARING DATE	CASE NUMBER	
(b) (6)	2016-12-08	FD-2014- 00580	
TYPE	x	PERSONAL  APPEARANCE	NON-PERSONAL APPEARANCE

COUNSEL	NAME OFCOUNSEi.. ANO OR ORCANIZATION	ADDRESS AND OR ORCANIZATION OFCOUNSEi.
Yes	No

MEMBER SITTING

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HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X*
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ISSUES	INDEX NUMBER
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ORDER APPOINTING= THE BOA.RD

I	1
2	APPLICATION  FORREVIEW  OF DISCHARGE
3	LETIER OF NOTIFICATION
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..  :	4	BRIEF OF PERSONNEL FILE
COUNSEL'SRELEASE TO nm BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARlNG

APPLICANT'S ISSUE AND 1ll£BOARD'S DECISIONALRATIONAl-1!  AR.E'DIS,CUSSfD ONTm ATif.CHED fil.fORC.5DiScHAR0£.iu;yrr:W 80A:RDofc!SIONllL RATION .;:. ·:.i...;f.
Case beard in Washington, D.C.

Advise appiicant of the decision of the Board and the right to submit an application to the AFBCMR.

*RE Code	(b) (6)

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TO:	FROM:

550 cSTREET WEST,SUITE 40

SAF/MRBR	S6CRJ;J'ARY OFTHEf.IR FORCE PERSONNEi.. COUNCll.
AJR FORCE DISCKARGE REVIEW BOARD
1535COMMAND DR,EE WING, 3.IU> Fl.OOR
RANDOLPH AFB, TX78150-4742	MIDRtWSAFB,MO 20762-7001	.

AFHQ FORM  0-2077, JAN  00	(EF-V2)	Previous edition will be used

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00580	

GENERAL :. The applicant appeals for upgrade of discharge characterization to Honorable and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference between Joint Base Andrews, MD, and Robins AFB, GA on December 6, 2016. A witness was present and testified on the applicant's behalf.

The following additional exhibits were submitted at the hearing: Exhibit 5: Additional Documents

The attached brief contains available pertinent data on tqe applicant and the factors leading to the discharge.

FINDING : The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: 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. Inreviewing.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 applicant'srecord of service included: two Article 15s; one Vacation of Suspended Nonjudicial Punishment; three Letters of Reprimand; and three Letters of Counseling. His misconduct included: having to stand to prevent from falling asleep while his superintendent and supervisor administered Career Development Courses (CDCs); unsafe and reckless driving; failing to obey a direct order from a Senior Non-Commissioned Officer; failing to report to physical training on time on three separate occasions; failing to obey a direct order from the First Sergeant; dereliction of duty by failing to study first volume of CDCs; failing to go to duty on time; failing to obey a lawful order to secure building 1191 during week of assigned lock-up duty; failing to maintain valid vehicle insurance; failing to remain at scene of vehicle accident; failing to refrain from driving while license was suspended; and driving while intoxicated.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety.  The applicant  · received a General discharge for Misconduct -Minor Disciplinary Infractions.   The applicant contends the discharge was inequitable because it was too harsh.  He feels that the lack of supervision and guidance from his supervisor and his First Sergeant contributed to his misconduct. ·He also claims that he was never	.. afforded any assistance for his alcohol dependency, which he felt was the primary issue that led to his stress and anxiety and major depressive state and numerous disciplinary problems.  The DRB opined that, through the adt¢nistrative actions taken, the applicant had ample opportunities to change his negative behavior.   The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to
be appropriate.

A discharge is upgraded only if it is established that an inequity or imprdpriety 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, change of reason and authority for the discharge, or change to the reenlistment code.	

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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