AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

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

GRADE

TYPE GEN

PERSONAL APPEARAN CE

x	RECORD REVIEW

---' -NAME OFCOUNSEL AND OR ORGANIZATION
V-ES	No
x

ADDRESS ANDOR ORGAhlZATION OFCOUNSEL

VOTE OF THE BOARD

MEMBER  SIITING	HON

GEN	UOTHC	OTHER	DENY

(b) (6)	x
x x x x

ISSUES

A94.S3

INDEX NUMBER

A67.10

EXHIBITSS'1llMDTD TO THE BOARD
I ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF N<JflFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HE.ARING DAtt	CASE Nt;MBER

30 Mar 2016	FD-2015-00374

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)

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

f'llOM:

• 41612016

SECRCTARY or Tlf E AIR FORCE PERSONNEL COUNCii..
AIR FORCE DISCHARGI REVIEW BOARD 1Sl5 COM\tANO DR, ££ WING.JRO n.OOR ANDREWS AFI, MD 207'2-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE :-O'Ul\IBER

FD-2015-00374	

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

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.

FINDI NG: The Board denies the upgrade of the discharge characterization.

ISSUE: The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

The Air Force Discharge Review Board, under its responsi bi li ty 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 cred ible 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 three Letters of Reprimand, one Letter of Counseling and two Records of Individual Counseling. His misconduct included sleeping on duty, failing to show for mid-week check-in, driving while under the influence of alcohol, reporting late for duty, failing a dormitory inspection, and failing to show for an appointment.

The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant submits his desire to receive the G.I. Bill benefits as justification  for upgrade.  The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on August 6, 2010) 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.

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