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28 Apr 2015	F0-2014-00733
Al'PUCA;\TS ISS\.t"-"D TH. OOAIU> > 01;:(lIO'IAI. It.ATIONA.LE AA.Ii DISCUSSED 0'1TI£ AITACHED AIR FORCE DISCHARGl RE\lEW BOARD DECISIO'I. RATIONALE

Case heard i n Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to subm it an application to the AFBCMR.

(b)(6)

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUM BER

FD-2014-00733	

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:  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 one Article 15, four Letters of Reprimand, and three Letters of Counseling. His misconduct included sleeping on post , dishonorably failing to pay debts (2x), failure to be present for mandatory training, failure to effectively fulfill duties as an entry comptroller and willfully writing multiple checks without sufficient funds.

The applicant contends that his discharge was inequitable because it was too harsh. The DRB opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members

The applicant also contends that he had previously been approved for voluntary separation.  The Board
found no evidence in the record or in those documents submitted by applicant to substantiate this claim.  The Force Shaping Program is a selective rather than automatically inclusive process.  The DRB found that the characterization of the applicant's discharge was appropriate due to his misconduct.

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.  After a thorough review of the record, the Board found no evidence to justify  an upgrade of the discharge characterization.

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