AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
I	COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x

I;	VOTE OFTHE BOARD

. .   .;. ·. .

:	,..:' ..'
MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x
x x

ISSUES

A94.05

INDEX NUMBER

A49.00

!	EXHIBITS SUBMITI'ED TO THE BoARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL Fll.E COUNSEL'S RELEASE TO THE BOARD
ADDmONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING  OF PERSONAL APPEARANCE HEARING

HEARING DAn:	CA. E NUMBER
28 Jul 2015	FD-2015-00098
APPUCANT.'S ISSUE AND nm BOARD'S Dl!CISJONAL RATIONALE ARE DISCUSSED ON nm ATTACHED AIR FORCE DISCHARGE REVIEW BOAJU) DECISIONAL RATIONALE:	..	I
I
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)	--

!	:	-

INDOpEME

·2'.	DATE:  S1211201s	.. ·• :  . ·	I

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TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORct DISOIARG E REVIEW BOARD
550 CSTREET WEST, SUITE 40	ISJS COMMAND DR, EE  'JNG, JRD FLOOR
RANDOLPH AFB, TX78150-4742	ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00098	

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.
ISSUE: The applicant received a General discharge for Unsatisfactory Performance

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 for assaulting an Airman by striking her face with an iron and unlawfully entering a female's dorm room.

The applicant contends discharge was inequitable because it was too harsh. He claims that he was discharged in spite of not having any other disciplinary actions against him after receiving an Article 15. The records indicate the applicant did not meet the requirements to progress in lClXl career field. After a further review of the records, the Board surmised that the applicant was deemed not eligible for retraining due to the Article 15 received on June 18th, 2014. As a result, an administrative discharge was found to be appropriate.

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.

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