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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

PERSONAL APPEARANCE
.: ;'c'OVNS&I.:  - :. NAME OFC'OUNSEL ANDOR ORGANIZATION YES	No
x

x	RECORD  REVIEW
ADDRESS !.ND OR ORGANIZATION OP COUNSEL

ISSUES

A94.05

MEMBER SITTING

INDEX NUMBER	A67.10

HON	GEN	UOT.HC

1 ORDER APPOINTING THE BOARD

OTHER

DENY

x x x x x

2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL' SRELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPERECORDING OF PERSONAL APPEARANCE REARING

REAIUNG DATE	CASENllMBE R

12 Oct 2016

FD:.2015-00247

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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.

TO:

SAFIMRBR

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FROM:

'  .
SECRETARY OFTHE AIR FORCE PERSONNEL COUNCI L

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

AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR,EE WING, 3RDFLOOR ANDREWS AFB, MD 2076.1-7001

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

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00247  ·	

GENERAL:  The applicant appeals for upgrade of discharge characterization 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.

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 fmds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: 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. Inreviewing 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 and two Letters 9f Reprimand. His misconduct included: consuming alcohol while under the age of 21; driving without vehicle insurance; driving while under the influence of alcohol; failing to go to duty on time; striking an Airman with a closed fist; and involvement in a fight with an Airman.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a General discharge for Misconduct -Minor Disciplinary Infractions. , The applicant stated that he wo.uld like an upgrade in order to continue his education. He also stated that his discharge was a result of a vendetta involving his flight supervisor. After a review of the records, the Board found that the applicant engaged in various types of misconduct which tended to degrade and disrupt good order and discipline. The Board surmised that the applicant's misconduct was a significant departure  from conduct expected of all military members. The DRB concluded that the applicant failed to provide sufficient evidence to support his claims of a personal vendetta against him. The negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was.found to be appropriate.

The applicant cited his desire to receive the G.I. Bill benefits asjustification for upgrade.  The Board is aware that the present service characterization renders the applicant ineligible for these benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge. After a thorough review of the record and advice fromthe mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant1s misconduct or on his discharge: Additionally, the Board found no evidence to justify an upgrade of the discharge characterization.	

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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

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