AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
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26 Feb 20 15	FD-2014-00588
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Case heard in Washing1on, O.C.

Advise applicant of the decision of the Roard, the right to a persona l appearance with,'without counsel, and the right to subm it an appl ic:it ion to the AFBCMR.

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AFllQ FOR:\ I 0-2077, JA 00	(l:F-V2)	Prcviou

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NU:\1BER

FD-2014-00588	

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: Applicant received a General discharge due to misconduct - M inor Disciplinary Infractions

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 three Article IS's for failure to obey no contact order, failure to go to duty on time, failure to provide adequate support for dependents, stealing more than $500 of BAH and failure to obey no contact order on divers occasions.

The member made no contentions of impropriety or inequity. The applicant stated that he would like to be able to join the Army National Guard. He also cited his desire to receive the G.l. Bill benefits as justification for upgrade. The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Fo1m 2366, on July 09, 2006) 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 im propriety which would warrant an upgrade.

CONCLUSION : The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and 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 determines the discharge should remain unchanged.

Attachment: Exami ner's Brief