AIR FORCE DISCHARGE REVI EW BOARD HEARING  RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE lNlTIAL)	GRADE
(b) (6)

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TYPE GEN	x	I	PERSONAL  APPEARANCE	I	RECORD  REVJEW
NA...£ OFCOUNSEL  ANDORORGANIZATIOll	ADDRESS M'D OR ORGAPllZATION OF COUNSEL

YES	No
x

VOTE or THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

(b) (6)	x •#
,_
x •#
,_
x •#
,_
x *#
,_
x *#
ISSUES	Al2.00	INDEX NUMBER	A67.10	EXHIBITS SUBMrrTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER Of NOTlf lCATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

-•&

HEARING  DATE	CASE NUMBER

04 May 2016	FD-2015-00108
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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.

* Narrative reason
# RE code

(b) (6)

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SAF/MRBR	SECRETARY Ol'Tttl!AIR FORCE PERSONNEL COUNCIL

550 C STREET WEST, SUITE 40

AIR t'ORCI!: DISCHARGE REVIEW BOARD 15.lS COMMAND OR, U WING, lR.O Fl OOR

RANDOLPH AFB,TX 78 I 50-4742	ANDREWS AFll, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00108	

GENERAL: The applicant appeals for an upgrade of her discharge characterization to Honorable. The applicant also appeals to change the reason and authority for the discharge, and to change the reenlistment code.

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 characterization.

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 Letter of Reprimand, two Article 15s and one Vacation of Suspended Non-judicial Punishment. Her misconduct included making a false statement to her supervisor, possessing alcohol in the dorm, and failing to go to her appointed place of duty at the time prescribed (2x).

The applicant contends that her discharge was improper. She claims that her application for her voluntary separation based on pregnancy was wrongfully disapproved in order to pursue discharge.  She is requesting an upgrade to become eligible to enlist in another branch of service. According to AFI36-3208, a commander has the authority to deny a request for separation when situations call for a more appropriate action to address disciplinary infractions.  The DRB commends the applicant’s desire to continue to serve, however this is not a matter of inequity or impropriety which would warrant an upgrade. The Board opined that through the administrative actions taken, the applicant had ample opportunities to change her behavior. They found the seriousness of the willful misconduct offset the positive aspects of the applicant's duty performance.

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