AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAJ\'lt OF SERVICE MEMBER (LAST, FIRST M IDDLE IN ITL\L)	GRADE
(b)(6)
TYPE    GEN	I	PERSONAL   APPEARAN  CE	x	I	RECORD    REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No

x	(b)(6)	(b)(6)

VOTE OF THE BOARD

MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	X #*

ISSUES	A94.53	INOEX    NUMBER	A67.90	EXHIBITS SUBMITTED TO THE BOARD
I ORDER APPOINTING THE BOARD
2  A PPLICATION FOR R.EVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION

x #* x #* x #*
x #*

4  BRIEF OF PERSONNEL FILE 	 COUNSEL'S RELEASE TO THE BOARD
ADD!TION AL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NISMBER

23 Jul 2015	FD-2015-00129
APPUCM'T"S ISSUE AND 1llEBOARD'S DECISIONAL l\ATIONALllARE DISCUSS£!) ON Tllll ATTACHJ;OAJRFORCE OISCHARGE R.EVTEW BOARO OECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise appl icant 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.

#RE
*Narrative

(b)(6)	---

TO:

lNOORSEMENT

-FROM :

DATE: 7/2812015

SAFIMRBR

SECRETARY Of THE AIR FORCE PERSONNEL COUNCl L
AIR FORCE DISCHARGE RE\'JEW BOARD

550 C STREET WEST, SUITE 40

1535 COMMAND OR, EE WING, JRO FLOOR

RANDOLPH AFB, TX 78150-4742	ANDREWS AFB,MO 20762-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00129	

GENERAL: The applicant appeals for upgrade of discharge to Honorable, a change to the narrative reason and a change to 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.

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 two Article 15s, one Letter of Reprimand and  one Letter of Counseling.  His misconduct  included failure to maintain adequate security, deliberately damaging a government vehicle, failure to keep a weapon on safe while on an off-base patrol, negligently discharging a M-4 rifle in a military vehicle, failure to secure a weapon while in a combat zone, and willfully damaging an Airman's vehicle by pouring Gatorade sports drink into the gas tank.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on August 7, 2000) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

The applicant also contends that an Airman who committed a similar offense did not receive any disciplinary action. The DRB reviews each case under individual merit. Actions taken against other individuals without documentation to review the circumstances are not taken into consideration.

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 just ify 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