AIR FORCE DISCHARGE REVIEW BOARD  H EARING RECORD
NAM £ OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL . NAME OF COUNSEi.. AND OR ORCANIZA TION	ADDRESS Al.\1) OR ORCANLZA TION OF COUl\SEL
YES	No
x
VOTE OFTHE BOARD
MEMBER  SITTING	HON	GEN	UOIHC	OTHER	DENY
(b) (6)	x
x x x
x
ISSUES	A94.53	INDEX NUMBER	A67.10	EXHlBITSSUBMITTED  TO  TJ:lE   BOARD
I ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTlFlCAT!ON
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEA SE TO THE BOARD
ADD!TIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARINC DATE	CASE NUMBER

28 Jul 2015	FD-20 I 5-00263
APPLICANT'S ISSUE AND 1l<E BOARl»S DECISIONAL RATIOl\ALE ARE DISCUSSED ON TIIE ATIACHEDAIR FORCE DISCHARGE REVIEW BOARD DECISIONAi.. llATIONALE.

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)

lNDORSEMENT	DATE:   812112015

SAF/MRBR	or

TO:	FROM:
SECRETARV	THE AIR l'ORCE PERSONNEL COUi"CIL
AIR FORCE DISCllARCE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB.MD 2076t-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00263	

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

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 one Article 15 and three Letters of Reprimand. The misconduct included failing to report for duty at time prescribed on several different occasions; investigation revealed  photos  of member  "huffing" spray duster.

The applicant submitted no issues regarding the inequity or impropriety of his discharge. 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 May 22, 2008) 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.  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