AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INlTIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
NAMt OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION 01'COUNSEL

YES	No
x

VOTE OF THEBOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY

(b)(6)	x
....
x
-	x
....

....

x
x
ISSUES	AOl.00	INDEX NUMBtR	A67.10	EXHIBITS SUBMITf ED TO TH:t: BOARD
1 ORDER APPOfNTfNG THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 DRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARfNG

HEARING DATE	CASE NUMBER

30 Mar 2016	FD-2015-00351
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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.

(b)(6)

mu\JRSEMENT	Dl\Tt::   672Uf6
TO:	FROM:

SAF/MRBR

SECRETARY OFTHE AIR FORCE PERSON NEL COUNCIL
AIR FORCE DISCHARG&REVl&W  BOARD

550 C STREET WEST, SUITE 40

1535COMMAND DR. EE WING, 3RD FLOOR

RANDOLPH AFB, TX 78150-4742	ANDR.£WS AFB. MD 20762-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00351	

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.

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 characterization.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: The applicant received a General discharge for Misconduct - Minor 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 Letter of Admonishment and four Letters of Reprimand. His misconduct included arriving late to Field Training Detachment (FTD) class (2x), failing to a attend PT session, failing to report to his place of duty, failing to perform procedures properly, and wrongfully engaging in sexual intercourse with an individual other than his spouse (adultery).

The applicant contends that his discharge was inequitable because it was based on one isolated incident. The applicant feels that he wasn't given the opportunity to defend himself. The applicant failed to provide sufficient evidence of the inequity or impropriety of his discharge. The DRB opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior. 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.

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