AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FmST MIDDLE INlTlAL)

GRADE

PERSONALAPPEARANCE
·CO.'l!NSEf:·.•.•   NAME OFCOUNSEL AND OR ORCANIZATION YES	No
x

x	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

ISSUES

A94.05

MEMBER SITI'ING

IND.EXNtlMBSR	A67.10

HON'	GEN	UOTRC

1 ORDER APPOINTING THE BOARD

OTHER

DENY
x x x
x
x

2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL.'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMmEDAT TIME OF PERSONAL APPEARANCE
TAPERECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASlil NVMllER

12 Oct 2016

FD-2015-00046

4

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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to apersonal appearance with/without counsel,and the right to submit an application to the AFBCrvffi..

. .. ... . ....  .

TO:

•	. ....	. (	INDORSEMENT·
SAfI' MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

---------------	- -         	
FROH:
SECRETARY OFlll&AIR FORCE PERSONNEL COUNCIL Alll FORCE DISCHARGE REVl&W l!OARD
1535 COMMAND DR, EE WINC,JRD FLOOR ANDREWS AFB,  D 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00046	

GENERAL:  The applicant appeals for upgrade of discharge characterization 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.

Pursuant to 10 USC §1553 this board included a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicanf s discharge.

DISCUSSION: 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 ifsuch change is warranted.  Inreviewing 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:  one Article 15; three Letters of Reprimand; and one
Letter of Counseling. His misconduct included: lying to a noncommissioned (NCO) officer (2x); not checking mail on a regular basis; disobeying an NCO by not getting a new uniform within the appointed time frame; being involved with an incident of assault; and failing to use government travel card for official travel purposes.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a General discharge for Misconduct -Minor Disciplinary Infractions.  The applicant contends that his discharge is inequitable because it was too harsh based on the level of misconduct. After a review of the records, the Board found that the applicant engaged in various types of misconduct which tended to degrade and disrupt good order and discipline. The Board surmised that the applicant's misconduct was a significant departure from conduct expected of all military members. The DRB concluded that the applicant failed to provide sufficient evidence to support his claim of inequity. The negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate.

A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge. After athorough review of the record and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge. Additionally, 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.	

Inview 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