AIR FORCE DISCHARGE REVIEW BOARD HEARJNG RECORD

NAME OF SERVICE MEMBER (LAST,HRST MIDDLE INITIA)

GRADE

'l'ES	No
x

PERSONAL APPEARANCE

x	RECORD REVIEW
ADDRESS AND OR ORCANIZATION OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC	OTHER	DENY
X II

X II
X # X #

ISSUES

A94.05

INDEX NUMBER

A67.03

X #
EXHIBITSSUBl\fPTEDTOTHE'BO
1 ORDER APPOINTING THE BOARD
2  APPUCATION FOR REVIEW OF DISCHARGE
3 I.ETIER OFNOTIFICATION
4  BRIEF OF PERSONNEL Fll.E
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMJTIED ATTIME OF
PERSONAL APPEARANCE

TAPE RECORDING  OF PERSONAL APPEARANCE HEARING

HEARING DATf:	CAS& NUMBER

05 Oct 2016	FD-2015·00375
'AJ>PL!CA'.ll;'SISSISAN>	S'D£C1SDNAI.. iu.nOlllALJiAR.EDISCUSSIID ONnliATTACHEIHJJt RlRCl!DISCHARGEREVIEW  llOAlD DEC;ISiONALRATIONALE;   •	•   .- •

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..

# Narrative

Correction -Sep Code = JKQ

TO:

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

S£Cl\ETAR'll OFTll£AIR FORC£ P!RSONNEL COUNCIL
AIR FORCE DISO!ARCER.&VltW BOARD l"S COMMAND DR, EE: WINO, >RD FLOOR ANDREWS AFB, MD l•76Z.1001

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

- --   -·---·  ·-   - ----- ------------------------------ .

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00375	

GENERAL: The applicant appeals for upgrade of discharge characterization 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 finds insufficient evidence of an inequity or impropriety that would warrant a change to  he applicant's discharge.

DISCUSSION: The Air Force Discharge Review Board, :under itsresponsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge ifsuch change is warranted. Inreviewing 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 for failing to obey a lawful general order by aiming a loaded firearm at an individual.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent  standards  of equity and propriety.   The applicant received a General discharge for Misconduct -Commission of a Serious Offense.  The applicant contends that he did not point his firearm at an individual as stated on the Article 15 that he received.  After a review of the. record, the Board found that the applicant failed to provide sufficient evidence to support justification  for upgrade of the discharge.  The Board concluded that the record is legally sufficient to support the discharge for commission of a serious offense.  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 it is established that an inequity or impropriety took place at the time of discharge. Additionally, the Board found no evidence to justify an upgrade of the discharge characterization or narrative reason for 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.

Inview 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