AI R FORCE DISCH ARGE REVI EW BOARD H EA RING RECORD
NAM E OF SERVICE MEMBER (LAST. FIRST  1100LE INITIAL)	GRAD£
(b)(6)
TYPE  GE	I	PERSON AL  A PPEARANCE	x	I	RECORD    REVIEW
COONSEL	NAME OFCOUNSEL A.\'D OR ORGANIZATION	ADDRESS AD OR ORGAMl•\TION OFCOUSSEl.
YES	No
x
VOTE OF THE BOARD
M EM BER SITTI NG	llON	GEN	UOTl lC	OTHER	DENY
(b)(6)	x
x

ISSUES

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EXJllBITSSUBMITTED TO TRE BOARD
I ORDR APPOINTING THI: 130Alill
2 APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICAT ION
4	BR IEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBM ITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEAR ING

HEARISG DATE	CASE NUMBER

14 Apr2015	FD-2014-00782
APPLlCANrS SSUE ANO TifE eoA.RD s DECISIONAL RATIONALEARE DISCUSSED ONTHE A1TAOlED AIR FORCE DISCHARGE REVIEW BOA.RD DECISIONAL RATIONALE.

Case heard in Wash ington. D.C.

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

(b)(6)

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INDORSEMENT	DATE:  4129/2015	I
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SF,CRF;TARV OFTHE AIR > ORC;I P£RS0NNJ,; COUNCii. AIR FORCE DISCHARGE R£VIEW BOARO
550 CSTREET WEST, SU ITE 40	1535 COMMANO t>R. £E WINC,Jl'O fLOOH
RANDOLPH  AFB,TX 78150-4742	ANDRtWS  Ar8.  MD 2076?·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00782	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of 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 an Article 15 for larceny, a vacation of non-judicial punishment for making false statements, and an Article 15 for usi ng Spice.

The applicant contends that he is unable to gain employment or go to school.  The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant states that his discharge did not take into account the good things he did while in the service. The DRB 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 willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded the discharge was appropriate for the reasons which  were the basis for this case.  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 , reason for the discharge or the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedura l 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