AfR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (L>\ST,FIRST MIDDLE INITIAL)	GRADE

X	RECORD REVIEW

YES	No
x

ADDRESS AND ORORCANll.ATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC

OTHER	DENY

X # * X # * X # *
X # *

ISSUES	A93.0l

INDEXNtMBER	A29.00

EXHIBITS SUB!\OTIED '.fO	BOARD 1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFlCATION
4	BRIEF OF PERSONNEL FILE COUNSEL'SRELEASE  TO  THEBOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X # *

TAPE RECORDJNG OF PERSONAL APPEARANCE HEARING

HtARL'IG DATE	CA58Nti.1Dl.R

02 Nov 2016	FD-2015-00286

0

,.:    J>S	J!? S DE ,IONALRATIONALE'AR,E DISC'USSED ON TRE ATTA AIR".FORCE DISCHAlO WllEW BO DESK>"'.'RA-;:tON •.	; , :.· {" •••  -· ·:i,,.:.:1
Case heard inWashington, 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
* RE  CODE

TO:

SAFIMRBR
550 CSTREET WEST, SUlTE 40
RANDOLPHAFB, TX 78!504742

SECRETARY OFTHE AlR TORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
J!JSCOMMAND DR, EE Wll'IG, JRD FLOOR ANDREWS AFB, MD l076l i001

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00286	

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 variable 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 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 includes one Article 15 for failing to refrain from visiting a dormitory room of the opposite sex and failing to attend mandatory physical conditioning.	·

The applicant received an.Entry Level Separation discharge for .Entry Level Performance and Conduct.  The applicant stated that he would like an upgrade in order to re-enlist into the Air Force.  He claims that he was young and immature at the time of discharge.  He also stated that he was depressed and that his grandfather was in a critical medical state while he was serving.  He feels that there should have been more consideration for his issues at the time of discharge.  After a review of the record, the DRB recognized that the applicant was 19 years of age when the discharge took place.  The Board opined that the applicant was no younger
than the vast majority of first-term members who properly adhere to Air Force standards of conduct.  The Board found that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The DRB concluded that the applicant's discharge was appropriate due to the misconduct.

A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge. Pursuant to AFI 36-3208, paragraph 1.19.1, Entry Level Separation, airmen are in entry level status during the first 180 days of continuous active duty service and such service is only characterized as honorable when clearly warranted by unusual circumstances of personal conduct and performance of military duty. After a thorough review of the record, the Board found no evidence to justify characterizing
the applicant's service as honorable or to change the reason for the discharge.  After a thorough review of the record and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge.  Additionally, the Board found no evidence to justify an upgrade of the discharge characterization, change of reason and authority for the discharge, or change to 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