AI R FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME O.F SERVI CE MEMBER (LAST, FIRST MIDDLE INITIA L)	GRADE

(b) (6)
TYPE	x	I	PERSONAL  APPEARAN CE	I	RECORD  REVIEW
COUNSEL	NAME OFCOUNSEL M'ID OR ORGN'IUTION	ADDR.ESS AND OR ORGANIZATIO N OFCOUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x
x x
ISSUES	A94.54	INDEX  NUMBER	A67.00	EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FLLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMllf ED AT TIME OF PERSONA L APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

\
27 Jul 2016	FD-2015-00383
APPLICANT'S ISSUE AND 1llEBOARD'S DECISIONAL RATIONALE ARE DISCUSSED ONlllE A1TACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR .

-(b) (6)

.- -	./"\	/',,-,. -	_....

c:;:>			INDORSEMENT	-

DATE: 8110/2016

SAF/MRBR

TO:	fROM :
SECRETARY Of THE AIR FORCE PERSON1"EL COUNClt, AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COM,\1AND DR. EE WING. JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD Ul762 -7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00383	

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

The applicant appeared and testified before the Discharge Review Board (DRB), via video teleconference between Joint Base Andrews, MD, and Travis AFB, CA on 27 July 2016.

The following additional exhibits were submitted at the hearing: Exhibit 5: Applicant's additional documents

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

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.

FINDING : The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION : The applicant received an Under  Other Than Honorable Conditions (UOTHC) discharge - Pattern of misconduct. 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, two Letters of Reprimand , and two Letters of Counseling. His misconduct included reporting late for duty, bringing personal cell phone to work, sleeping while on post, being arrested by the civilian police for domestic violence, and unlawfully striking a noncommissioned officer in the face and chest with a closed fist.

The applicant states that his discharge should be upgraded based on his post-service conduct. He also claims that depression and alcoholism played a role in his misconduct.  The DRB was pleased to see that the applicant is doing well and has kept clean since his discharge from the Air Force. The applicant also cited his desire to receive the G.I. Bill benefits as justification for upgrade. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The DRB noted the applicant had served almost 5 years before the discharge was initiated, but concluded that the applicant's misconduct outweighed the positive aspects of his time in the Air Force. The Board is aware that the applicant's present service characterization renders him ineligible for Department of Veteran Affairs education benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade .

A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of 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.

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