AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, F1RST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE OEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
CXJmtm.	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL
YES	No
x
VOTE or mE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	X # •
-
X # •

-

-'

ISSUES	A94.06	INDtX NUMBER	A67.03	EXHIBITS SUBMrrfED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2 APPLICATION roR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL' S RELEASE TO THE BOARD
ADD!T!ONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X # • X # • X # •

TAPE RECORDCNG OF PERSONAL APPEARANCE HEARING

HEAIUNC DATt	CASE NUMB!.R

19 May 2016	FD-2015-00242
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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)

....

lNDORSEMENT	DATE:
TO:	FROM:	'-J

SAF/MRBR

SECRETARY OPTHE AIR POROPERSONNt:L COUNOL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	15)5 COMMAND DR. EE WIXC, 3RD fLOOR
RANDOLPH AFB,TX 78150-4742	ANDRJ;WS AFB, MD l076J..7901

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00242	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable, 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.

Pursuant to 10 USC 1553 this board included a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING: The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: The applicant was discharged for Misconduct - Commission of a Serious Offense with service characterized as Under Honorable Conditions (General). 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 Letter of Reprimand and one Letter of Counseling . His misconduct included signing a memorandum with false information with intent to deceive, communicating a threat to kill another airman if he were to testify truthfully concerning an ongoing investigation, failing to report to duty with a serviceable uniform, failing to show for a mandatory appointment and divulging classified information to an unauthorized airman.

The applicant states that his discharge was based on one incident and that his "38 months of service"should not be based on one incident.  He further states that if he does not receive an honorable discharge he will  "not be able to afford to pay for school."  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The ORB noted the applicant had served three years before the discharge was initiated, but concluded that the applicant 's misconduct outweighed the positive aspects of his time in the Air Force.  The Board is aware that the applicant's present service characterization renders him ineligible for Department of Veteran Affairs education benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade. The Board considered whether
there were mental health issues that may have caused an inequity or impropriety  in the applicant's discharge, but found none based on the available evidence.  A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge.

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.

Attaclunent: Examiner's Brief