AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD	
NA Mt OF SERVICE MEMBER (LAST, FIRST MIDDLE l ITIA L)
(b) (6)	GRADE	
TYPE	I	PERSONAL  APPEARANCE	x	I	RECORD REVIEW	
COONSEl	NAM£ OF COUNSEL AN D OR ORGANIZATION	ADDRESS AND OR 0RGAl'l7..ATION OF COUNSEL	
YES	No			
	x			

M EMBER SITIING	VOTE OFTHE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b) (6)						x	
						x	
							x	
							x	
						x	
I SSUt:S	A94.53	L"'DEX NUtBER	A67.90	EXHIBITS SUBMITIED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONN EL FILE	
			COUNSEL'SRELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARJNG	
HEARI NG DATE

26 Jun 2015	CASE NU.\18ER

FD-2015-00071			
APPLICANT'S ISSUE AND THI BOARD'S DECISIONAL RATIONALI!ARE DISCUSSED ON TI£ A1TACHl!D AIR FORCE DISCHARGE R.EYIEW BOARD DECISIONAL RATlONALE.		
Case heard in Wash ington, 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)

Il'U1'\7-c-,-yy1-  -pf a	VA-i rJ-/f t Wl:J	I	
TO:
SAFfMRBR
550 C STREET WEST, SIJTTE 40
RANDOLPH AFB, TX 78150-4742	f R0}1:
SECll.£T1'RY OFTJU; M R FORCE r ERSONNEL COUNCIL AI R FORCE DISCHARGE R£VIEWBOARO
ISJ!i COM.MANO OR,EE WING, JRD FLOOR
A!'DREWSAFB.MD  0761-7001	

I I

  	 	

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00071	

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

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 received an Under Other Than Honorable Conditions discharge for Misconduct - Discreditable Involvement with Military or Civilian Authorities and Conduct Prejudicial to Good Order

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. In order to adhere to Mental Health Amendments to 10 USC 1553, a physician with specialized training on mental health disorders was present for this board. The applicant's record of service included three Letters of Reprimand and one Letter of Counseling. His misconduct included failure to obey an order by not listing a tool as removed from box; being apprehended by local authorities for belligerent behavior after a fight; being detained by local authorities after being found unconscious in someone's front yard; being arrested by civil authorities for vehicular manslaughter with gross negligence after speeding while on a cell phone and colliding with a pedestrian and then leaving the scene.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that he apologizes for the mistakes that he made while serving and would like a chance to continue  his career in the Air Force. After review of the records, the Board opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance . The DRB reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. 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