AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME Of SERVICE MEMBER (LAST, FIRST M IOOLE I 'ITIAL)	GRADE
(b)(6)
TYPE  GEN	I	PERSONAL    APPEARANCE	x	I	RECORD   REVIEW
1 .•F91JNSEL	NAM OFCOUNSEL AND OR ORCA1'117..ATION	ADDRESS A/'ID OR ORCANll.ATION OF COUNSEL
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1 ORDER APPO NTING THE BOARD
2    APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRJEFOF PERSONNE L FILE COUNSEL'S RELEASETO THE BOARD
ADDITIONAL EXHIBITS SUOMl'ITED AT TIME Of
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL A PPEARANCE HEARING

H l!.ARINC l>ATE	("ASE NUMBER

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16 Jun 2015	FD-2015-00027
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Case heard in  Washington, D.C.

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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 AFBCM R.

(b) (6)

SAF/MRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB,TX 78150-4742

SECRETARY or THE AIR FORCE PERSONNEL COUNCI L AIR FORCE OISCllARCC REVIF.W BOARD
1-"15 COMMAND DR.££ WINC,)RD F'l,()()R
ANDREWS AFB,MD 20762·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00027	

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

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 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 two Article 15s, one Letter of Reprimand, and two Letters of Counseling. His misconduct included a failure on his annual Response Force Leader certification, making a false statement to a commissioned officer, failure to attend optometry appointment, failure to pay debt on Military Star Card, and for sleeping on his post while base was at FPCON Bravo.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on November 19, 2010) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade. 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.

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 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