AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD	
N1\M E Of SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL)
(b)(6)	GRADE	
TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW	
COUNSEL	NAME OF COUNSEL ANO OR ORGANIZAT ION	ADDRESSAND OR ORGANIZATION OF COUNSEL	
YES	No			
	x			

M EMBER SITTI NG	VOTEOFTIIE  BOARD	
	IION	GEN	UOTl lC	OTHER	DENY	
(b)(6)						x	
						x	
						x	
						x	
						x	
ISSUES	A94.05	1:"'0£.X N ,\1_8 t;I(
A67.J O	EXHIBITS SUBMITTED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARG E	
		3	LETTER OF NOTrFICA TION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S R ELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE R ECORDING OF PERSONAL APPEARANCE HEARING	
H EA RING DATE

14 Apr 2015	CASE N U\IBER

FD-2014-00728			
A.PPLICA.Nr s lSSUI; l\l'DTHI; BQARJ)'S Dt:.clSIONAL RATIONLt /\RI; DISCUSSED ON THll ATIACH£D AIR fORCI; DISCHARGE IU::YIEW BQAR.D DECISIONAL RATIONALE	
Case heard in Wash ington, D.C.

Advise appl icant 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.	

(b)(6)

 	

INDORSEME
-		DATE:	S/15/2015	
	.-			
TO:	SAF/MRBR
550 C STREET WF,ST.SUITE 40
RANDOLPH AFB, TX 78150-4742	SECR:.ETAR:V Oi:'THt A IR m; OR.C& P€RSONNEL. COl' Cll..
AIR FORCE DISCHARG E REVI EW BOARO
1 SJS COMMAND OR, ££ WINC, JRD i!'LOOR
ANDREWSAFB, MO 0761-7001	

fROM:

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE ."l'\IBER

FD-2014-00728	

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 avai lable pertinent data on the applicant and the factors leading to the discharge.

FINDING : The Board denies the upgrade of the discharge.

ISSUE: The applicant recei ved a General discharge for Misconduct - Minor Discipli nary Infractions

The Air Force Discharge Review Board, under i ts responsibi lity 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 incl uded one Article 15, one Vacation of non-jud icial punishment, four Letters of Reprimand and one Letter of Counseling. His misconduct included failure to mai ntain dormitory room within cleanliness standards (2x), fitness assessment failure, failure to report to place of duty on time (2x), fai l ure to complete a review of CDCs, and dereliction of duty.

The applicant contends the d ischarge was inequitable because it was too harsh.  The DRB opined that  through the administrat ive actions taken. the applicant had ample opportuni ties to change his negati ve behavior.  The Board concluded the applicant's misconduct was a departure from conduct expected of all military members.  The Board concluded that the negati ve aspects of the applicant" s service outweighed the posi tive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on December 7, 2012) that he understood he must receive an Honorable discharge to recei ve future educational entitlemen ts. 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 impropriety which would warrant an upgrade. A discharge is upgraded only if the  appli cant and the Board can establish that an inequi ty or impropriety took place at the time of discharge.
After a thorough review of the record , the Board found no evidence tojustify an upgrade of the discharge characterization.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requi rements of the d ischarge 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 determ ines the discharge should remai n unchanged.

Attachment:
Exa miner's Brief