AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OFSERVICE MEMBER (LAST,TIRST MIDDLE INITIAL)	GRADE	AFSNISSAN
FOIA Exception (b)	RllA Ex"'lllioo (b)(6)
(6)
TYPE GEN	x	I	PERSONAL    APPEARANCE	I	RECORD    REVIEW
llMlo	NAME OF COUNSEL AND OR 0RCAN17.ATI ON	ADDRESS AND OR ORCANIZATION OF COUNSEL
YES	No
x

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FOIA Exception (b) (6)

HON	GEN	UOTHC	OTHER	DENY

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A94.05	A67.50

ISSUES	INDEX NUMD£R	" ..,.,	gsrrs1u1	l'U!D'TOTJll;	..	'
J  ORDER APPOINTING 1l1E BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LffiER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMDR

20 Nov 2014	FD-2014-00673
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Case heard in Washington , D.C.

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Advise applicant of the decision of the Board, the right to a persona l appearance with/withou t counsel, and the right to subm it an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant 's request.

..

+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHOR ITY
# CHANGE RE CODE

FOIA Exception (b) (6)

FOIA Exception (b) (6)

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SAF/MRBR	SECRETARY OFTHE AIR FORCE PtRSONNtl. COUNCIL

550 C STREET WEST, SUITE 40

Al R FORCE DISCHARCE RIM tW BOARD
ISJS COMMAND DR,[£ WINC,3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB. MD 2076l-'10Cll

AFHQ FORl"I 0-2077, JAN 00	(EF-V2)	Previou s

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00673	

GENERAL: The applicant appeals for upgrade of discharge to Honorable, a change to reason and authority for the discharge, and a change to the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), with counsel, via video teleconference between Andrews AFB Maryland, and Randolph AFB Texas, on 20 November 2014.

The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant's Contentions

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

FINDING: The Board grants the requested relief of the discharge characterization and narrative; however, the request for change to the re-enlistment code is denied.

ISSUE: The applicant received a General discharge for a 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 one Letter of Reprimand and one Letter of Counseling. His misconduct included failure to shave, failure to have a current shaving waiver, and failure to pay his government travel card on time.

The applicant contends that the discharge was an act of reprisal based on an incident where he informed his leadership of filing an IG complaint. The Board opined that the evidence contained in the record and obtained from the hearing does not support the applicant's claim that the discharge was based on reprisal. However, after a thorough review of the record and the information supplied by the applicant, the DRB determined there is sufficient evidence to support an issue of inequity. Although the Board does not condone the applicant's misconduct, the Board did find the discharge to be harsh.  As such, the Board grants upgrade of discharge to Honorable, and change of reason and authority for discharge; however, the Board denies the change of 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 full administrative due process. However, in view of the foregoing findings, the Board concludes that the overall quality of the applicant's service is more accurately reflected by an Honorable service characterization and the reason for discharge is more accurately described as Secretarial Authority.

Attachment: Examiner's Brief