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Case heard in Washi ngton. D.C.

Advise appl icant of the decision of th1:: Board , th1:: right to a p1::rsona l appearance with "ithou t counsel. and the right to submi t an appl ication to the t\1'13C M R.

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A Fll Q FO R\! 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATlONALE	CASE NUi\IBER

FD-2014-00752	

GENERAL: The applicant appea ls for upgrade of discharge to Honorable.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) but decl ined and requests that the review be completed based on the available service record.

The attached btief 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 responsi bility 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 cond uct of governmenta l affairs unless there is substantial credible evidence to rebut the presumption, to incl ude 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 prop1iety. The applicant" s record of service included one Article 15 and three Letters of Reprimand. His misconduct included disobeyi ng a no contact order (2x); havi ng a physical altercat ion with a fema le a irman; and bei ng arrested for aggravated battery, criminal mischief, domestic aggravated  assaul t, resisti ng a1Test , concealment of a weapon, threating a female airman, damaging a car wi th a weapon, and attempting to flee the scene of an accident.

The applicant cited his desire to receive the G.l. Bi ll benefits as justificatio n for upgrade. The ORB noted that when the applicant applied for these benefi ts, he signed a statement (DD Form 2366, on May 1 , 2008) that he understood he must recei ve an Honorable discharge to receive future educationa l entitlements. The Board was sympathetic to the impact from the loss of these benefi ts to the applicant; however, this is not a matter of inequity or impropriety which wou ld warrant an u pgrade.

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.

CONCLUS ION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substan t ive requirements of the discharge regulation , was withi n the discretion of the discharge authori ty, and that the applicant was provided full administrati ve due process.

In view of the foregoing findi ngs, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determi nes the d ischarge should remai n unchanged.

Attachment:
Examiner's Brief