AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)
(b) (6)

GRADE

TYPE GEN

I	PERSONAL     APPEARANCE

x	I	RECORD    REVIEW

l'---.-----1 NAME 011COUNSEL AND OR ORGA". ilZATION
YES	No
x

ADDRESS AND OR ORGANIZATION 01" COUNSEL

VOTE OF THE BOARJ>

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY

(b)(6)	x
x x x
x

ISSUES

A94.05

INDEX NUMBER

A67.10

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHffilTS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

KEA.RlNG DATE	CASE NUMBER

06 Aug 2015	FD-201>00299
APPLICA!'iT'S ISSYJ! AND DIE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON THE AITAOfEI?. <'IR FORCE DISCHARGll REVIEW BOARD D£CISIONAI:RATIONALE.

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)

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TO:	l'ROM:

SAFIMRBR
SSO CSTREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY Of TIIE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCllARGE REVIEW BOARD 1535COMMAND DR, EE WING, 3RD FLOOR ANDREWS  AJ'll, MD 20762-7IOI

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00299	

GENERAL:  The applicant appeals for upgrade of discharge to Honorable and to change the reason and authority for the discharge.

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.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. FINDING:  The Board denies the upgrade of the discharge and the change of the narrative reason.
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. His misconduct included failure to refrain from providing alcohol to individuals under the age of 21; with intent to deceive, making a false official statement to an officer and an NCO. His misconduct also included being arrested by the local police for an alcohol related incident, failure to report to duty and reporting late for duty.

The applicant contends discharge was inequitable because it was too harsh. He claims that while awaiting separation via the Date of Separation rollback program, he was involuntarily. discharged by request of his First Sergeant. The records indicated the applicant received an Article 15 while pending separation via the force shaping program. The rollback program does not supersede administrative actions for misconduct.
The Board concluded that 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.

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, reason for the 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.

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