AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE
-	
x	I	PERSONAL  APPEARANCE	I	RECORD   REVIEW
-	

.

.COUNSEi.

YES	No
x

NAME OPCOUNSEL AND OR ORGANIZATION	ADDRESS ANO OR ORGANIZATION OF COUNSEL

VOTE OF '.fllE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY

(b) (6)	x
x x

x
ISSUES	A94.05	lll'DF.X NUMBER	A75.00	EXHIBITS spBMITttD TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

x

.. '

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

22 Jul 2015	FD-20 5-00026
APPLICANT'S ISS1JEAND nlEBOARD'S Dl!CISIONAL ltATIOWALI! ME DISCUSSED ON 'IHEATTAClfED AIR FORCE DISCHARGE Rl!VlEW BOA!tb DECISIC)NAL.1lA110NALI!. .	..	'
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

(b) (6)

.	' -

 	....	...	,._,..._., .·-·-··-.....;.._.. .... ......--...--·---·- ·-··-
INDORsEMENT	-	-·-	DATE:  8/612015 ''.<·.
-- .--·----·---··-·-····---·- ·•· ·- - ....... .   . r.....:,.:. -- ·- -· _ _.._.• _  .	
TO:	
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM	:
SECRETARY OFTHE AIR PORCE PERSONNl!.L  COUNCIL
AIR Ji'ORCE DISCHARGE REVIEW BOARD 1535 COMMAND J>R, EE WING,JRD FLOOR ANDREWS AFB, MD 28762-7001	

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00026	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrew _AFB on July 22, 2015. The following witness also testified on the applicant's behalf: (Applicant's Father).

There were no additional exhibits submitted at the hearing.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDING:  The Board upgrades the discharge to General.
ISSUE: The applicant received an Under Other Than Honorable Conditions discharge for Misconduct

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 contends that his discharge was inequitable because it was too harsh. He stated that he was unfairly given an UOTHC discharge with his Chapter 4 in Lieu of Court Martial request. He claims that he was told by his leadership that he would receive a General discharge upon separation. After a thorough review of the records and the testimony from the applicant, the DRB determined there is sufficient evidence to support his claim of inequity. Although the Board does not condone applicant's misconduct, the DRB found sufficient mitigation due to the lack of documented actions from the discharge process and based upon the applicant's overall duty performance, to consider his discharge harsh. As such, the Board majority
grants upgrade of discharge to General.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by a General discharge under the provisions of Title 10, USC 1553.

Attachment: Examiner's Brief