AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEl\<fBER (LAST, FIRST MIDDLE fNlTlAL)
(b)(6)

GRADE

PERSONAL  APPEARANCE
NAMEOFCOUNSEL AND OR ORCANIZATION

x	RECORD  REVIEW
ADDRESS AND OR ORCAHIZATION OFCOUNSEL

(b)(6)

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

A94.53

INDEX NUMBER

A67.10

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW Of DISCHARGE
3	LETTER  OF NOTlFICATlON
4	BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARA CE HEARING

l[[AJIJNC DATE	CASE NUMBER

16 Jun 2015	FD-2015-00081

Case heard in Washington, 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)

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TO:

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

FROM:

SECR.ETAAY OFTl!E AIR FORCE PIRS011' "'EL COUNCIL
AIR FORCE DISOlARCE R£Vltw BOARD  153S COMMAND OR,Et WING, JRD FLOOR ANDREWS AFB,MD 10'62-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00081	

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 one Article 15, one Vacation of Suspended Non­ Judicial Punishment, five Letters of Reprimand, and two Records of Individual Counseling. His misconduct included failure to wear PT uniform/bring PT shoes to fitness classes (2x), failure to obtain a satisfactory PT score (2x), failure to ensure his AF IMT 1975 was signed off by a PT Leader/Instructor, failure to report for duty in a clean and serviceable uniform, failure to report to fitness classes, and failure to go to his appointed place of duty (2x).

The applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant does submit that it has been difficult to secure a stable, good paying career with his current discharge. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his behavior. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board 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