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Case heard in Washington, D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance wi th/without counsel. and the right to submit an appl ication to the AFF3CM R.

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AFBQ FORNI 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00740	

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

The applicant was offered a personal  appearance before the Discharge  Review  Board  (ORB) 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

The Board  finds  that  neither  the  evidence of record  nor  that provided  by  the applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:  The applicant received a Under Other than Honorable discharge for Misconduct - Request for Discharge in Lieu of Courts-Martial

The Air Force Discharge Review Board, under its responsi bili ty 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 states that his discharge did not take into account the good things he did while in the service. The ORB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments . They found the seriousness of the misconduct offset any
positi ve aspects of the applicant's duty performance.  The DRB took note and was pleased to see that the applicant was doing well and has a good job.  However, the Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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 administrati ve 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 remai n unchanged.

Attachment: Examiner's Brief