AI R FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAM E OF SERVICE MEMBER (LAST. FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE GEN	I	PERSONA L APPEARANCE	x	I	RECO RD REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATI ON	ADDRESS ANO OR ORGAMZA TIONOF COUSSEL
YES	No
x

(b) (6)

M EM BER SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC	OTHF.R	DENY	
				X+	
				
X+	
				X+	
				X+	
			+	x	

ISSUES	A67.IO	INDEX NUM OCR	A94.53	EXHlBITS  SUBMlTTEO TO TUE  BOARD
l ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETI"ER OF NOTIFICATION
4	BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMIHED AT T IME OF PERSONAL AP PEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARJSG DATE	CASE NLM BER

14 Apr 2015	FD-2015-00015
APPLICANT'S ISS\Jf AND THE BOARD'S DECISIONl\L RATIONl\LE A!UlDISCUSSfD ON nm ATTACHED AIR FORCE DISCllAROC REVI1lW DOARD DECISIONAL RATIONALE.

Case heard in Washi ngton, 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 application to the AFBCMR.

+RE Code

(b) (6)

TNOORSEMENT		l>ATl:: 412912015		
TO:	

SAF/MR6R
550 C STREET WEST.SUITE 40
RANDOLPH AFB,TX 78150-4742	FROI :	
SECRl:'l"ARY OF TH AIR 'ORCE PERSONNEi. rouw·11. AIR FORCE DISCllARGE REVIEW BOARD
1!-3 COMMAN D OR, F.F. WJ NC, JRO  FLOOR
A.'IOREWSAFB. MD 20761-7001		

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

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AIR FORCE DISCllARG E REVIEW BOARD DECISIONAL RAT ION ALE	CASE NIJ:\IBER

FD-2015-00015	

GENERAL : The appl icant appeals for upgrade of discharge to Honorable and to change the reenlistment code.

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 appl icant and the factors lead ing to the discharge.

FIN DING : The Board denies the upgrade of the d ischarge, and change of reenlistment code is denied .

The Board finds the applicant submitted no issues contesting the equ i t y or propriety  of the discharge,  and after a thorough review of the record, the Board was unable to ident i fy any that would justify a change of discharge.

ISSU E: The applicant recei ved a General discharge for Misconduct - Minor Disci pli nary Infractions

The Air Force Discharge Review Board, under its responsibili 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 wan-anted. I n reviewing discharges, the Board presu mes regularity i n the conduct of governmental affa i rs unless there is substantial cred ible evidence to rebut the presumption. to incl ude evidence submitted by the applicant. The Board com pleted a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the perti nent standards of equity and propriety. The appl ican t"s record of service included three A rt icle I S"s recei ved. His misconduct incl uded mak ing a false officia l statement, violati ng a no contact order, and fail ure to obey a no contact order.

The applican t submitted no issues regard ing the ineq u i ty or im propriety of his discharge. The appl icant does submit that he wou l d l ike a second chance despite his d iscrepa ncies so t hat he may serve his country in the
U ni ted States Arm y.  The Boa rd opined that through the administ ra t ive actions taken, the applicant had
ample opportuni ties to change his behavior.  They found the seriousness of t he w il l fu l m isconduct offset any posi ti ve aspects of the appl ican t's duty perfonnance.   The Board reviewed t he enti re record  and found no evidence of im propriety or ineq uity to wan-ant an upgrade of the discharge.  A discha rge is upgraded only i f the appl icant and t he Board can establ ish that an ineq u ity or impropriet y took place at the time of discharge. After a thorough  review of the record, the Board  found no evidence to just i fy an u pgrade of the discharge characteri zat ion or t he reenlistment  code.

CONCLUSION : The Discharge Review Board concludes that the discharge was consistent  with  the procedural and substantive req u irements of the discharge regulation, was within the discretion  of  the discharge authority, and that the applicant was pro\'idcd  full administrat ive due process.

In view of the foregoi ng findi ngs, 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: Exami ner's Brief