AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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26 Feb 2015	FD·20 14-00620
APPL( ·" ""r A'\O TllE OOARO'S orr1s10' \I RATIO'- \t.r \Rr DISCI ssi;o ();' THE ATTAC'Hf D AIR FORC! DlCllAAGEREVrE\\ 80Alt> Dffll>IO Af RATIO\AIr

Case heard in  Washington.D.C.

Advise appl icant of the decision  of the Ooard, the 1ight  to a  personal appearance with,without  coun ::.c.:l , und the right  lo :;ubmi t an
appl ication to the AFBCMR.

b) (6)
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AFllQ FORi\ J 0-2077 , JAN 00	(EF-V2)	Previous

AIR FORCE DISCHA RGE REVIEW BOARD DECISIONAL RATIONALE	CASE  'UMl3ER

FD-2014-00 620	

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 contai ns 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 -Minor 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  l 5's for failure to pay debt, failure to go to duty on time, unlawfu lly striking a male ainnan i n the face with fist and resisted apprehension  by SF patrolman; one Letter of Reprimand for being arrested by civil authorities for DU I.

The member contends that  his discharge was  improper.   The applicant claims that before his discharge he had submitted  a separation package to separate under a force shaping program , but his Fi rst Shirt found out about the package and had i t pulled  in order to submit a discharge package on the member.   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. The Board  found  no documentation  to support  the applicant's claim  of the force shaping package.   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.

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 fu ll administrative due process.

In view of the foregoing findings, the Board fu11her concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief