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AFHQ FOR:vt 0-2077, JA  ' 00	(EF-V2)	Previous

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00028	

GENERA L: The appl icant 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.

ISSUE: The applicant recei ved a General discharge for Miscond uct - Minor Discipli nary lnfractions

The Air Force Discharge Review Board, under its responsibi lity 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 i ncl uded two Article 1 S's for failing to go to duty on time (x2) and made false official statements to an CO with the intent to deceive; one Vacation of non-judicial punishment for failing to go  to duty on time and failing  to wear the proper uniform while preforming military duties; two Letters of Reprimand for failing to obey order to clear dorm room and room 425, failing to go to duty on ti me and fail ing to report whereabouts to 24 hour comm unications center; one Letter of Counsel ing for leaving dorm room insecure and not in inspection order, and by failing to perform Bay Orderly duties.

The member made no contention of impropriety or inequi ty.  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 records, the Board found no evidence to wa1Tant an upgrade of the discharge characterization.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substanti ve req uirements of the discharge regulation, was wi thin the discretion of the discharge authority, and that the applicant was provided full administrative due process.

I n view of the foregoing find ings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and detenni nes the discharge should remain unchanged.

Attachment: Examiner's Brief