AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NA'.\'IEOF SERVICE MEMBER (LAST,FI RST MIDDLE IN ITIAL)	GRADE
(b) (6)

TYl't: GEN	I	PERSONAL APPEARANC E	x	I	RECORD  REVIEW
COUNSEL	NAME or COUNSEL AND ORORCAN 7..ATION	ADDRESSAND OR 0RGAN17.ATIONOF COU/l'SEL
YES	No
x
VOTE OF THE BOARD
MEMBER   SlTTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
-
x
-
x
-
x
-
x
ISSUES	A94.53	INDEX NUMB ER	A67.30	EXIDBJTS  SUBMilTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED ATTIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

19 May 2015	FD-2015-00041
Al'PLICANTS  ISSUEANDTHllllOAIID.S DllCISICINALRATIONALll Ml!DISC\JSSl!D ONTHE ATTACH.lIDAll!.  l'Ol!.CEDISCHAl!.Ol!llBVll!W BQAl!.D DECISIONAL l!.ATIONAL8.

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/withou t counsel, and the right to submit an application to the AFBCMR.

(b) (6)

I	DATE:
TO:	FROM:

S/215

SAF/MR.BR.	SECR£TARY OF THtAIR FORCE PERSONNEi,COUNCIL
AIR FORCE OJSCHAAC£ REVIEW BOAJlO
550 C STREET WEST, SUITE 40	I SJS COMi 'lA.i""il) OR   Et WINC,J llO F"t..OOR
RAN DOLPH AFB,TX 78150-4742	ANDREWS  AFB,MO  20762·7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUM BER

FD-2015-00041	

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 -Commission of a Serious Offense

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 five Letters of Reprimand  for  posting  bigoted comments on social networking sites, failure to properly perform assigned duties, failure to use authenticated entry authority list, verbal harassment of a female, failure to execute security checks as indicated in post orders, failure to notify leadership of another Airman sleeping on duty, and Driving Under the Influence.

The applicant cited his desire to receive the G.l. 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  18, 2011) 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, reason for the discharge or the reenlistment code.

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