AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE  GEN	I	PERSONAL    APPEARAN CE	x	I	RECORD    REVlEW
COUNSEL	NAME OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No	(b) (6)
x
VOTE OF THE BOARD
M EM BER  SITTIN G	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x•+
x	*+
x•+ x•+
X*+

ISSUES	A94.55	INDEX NUMBER	A93.21	EXHIBITS SUBMITTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATJON
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONA L EXHlBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

04 Aug 2016	FD-2015-00279
APPJ.JCWT'S ISSUE AND mE BOARD'S DECISIONAi. RATIONAl.E ARE DISCUSSED ON nlEATTArnED AlllFOllCE DISCHARGE REVIEW BOARD DECISIONAL RATIONAL!!.

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 .

* CHANGE RE CODE

-

+ CHANGE REASON ANDJ-UTHORITY TO SECRETARIAL AUTHORITY
"(b) (6)

INOORSEMENT	DATE:    811.6
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WING, 3RD Fl;OOR
RANDOLPH AFB, TX 781504742	ANDREWS Afll, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00279	

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 (ORB) 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: After a review of the record, the Board  voted to grant the relief of the requested upgrade as discussed below.

DISCUSSION: The applicant received a General discharge for failure to comply with requirements for medical.  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 unlessthere 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, not in current enlistment, for Article 134, wrongfully had sexual intercourse with a man not her husband.

The applicant contends the discharge was improper and inequitable as a matter of law and fact. She continues that she made all attempts to comply but was turned away from examination by Active Duty, Reserve and Guard medical treatments. Further that the lapse was due to complications surrounding a pregnancy and a vehicle accident.  The ORB opined that, through the record of administrative documentation, the unit did not follow an equitable course of action. The board unanimously concluded the applicant's discharge was inequitable and should be upgraded to Honorable. The majority of the board also opined that the administrative anomaly in the RE Code and Narrati ve reason warranted change.

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, the Board found evidence to justi fy an upgrade of the discharge characterization or change to the reason for the discharge and the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided foll administrative due process.

However, in view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable discharge and the reason for the discharge is more accurately described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, United States Code, Section 1553.

Attachment: Examiner's Brief