AIR FORCE DISCHARGE REVI EW BOARD HEARING  RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b)(6)	GRADE	
TYPE GE	I	PERSONAL   APPEARAN CE	x	I	RECORD    REVIEW	
COCNSEL	NAME Of COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORCANltATION OF COUNSEL	
YES	No			
	x			

M EMBER SITTING	VOTE OFmt BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b)(6)						x	
						x	
						x	
						x	
						x	
ISS '£S	A94.ll	l  DEX NUMBER	A67.90	EXHIBITS SUBMITIED TO THE BOARD	
		I	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARG E	
		3  LETT ER OF NOT I FICATION 		
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONA L EXH !BITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	

HEARING DATE

30 Mar 2016	CASENUM8ER

FD-20 15-00398			
APPLICANTS ISSUE ANDTHE BOMD0S0£CISIOl'IAL R.ATIONJ\Ul AAE DISCVSSfD ON Tiill ATTACHJ;D Allt FORCE DISCHAROE REVIEW BOAllD DEOSIONAL RATIONALE.	
Case heard in Washin gton, 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)

INDORSEMENT	DATE: 41612016		
TO:	
SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:	
SECRETA RY O>'THEA IR FORCE PERSONNEL COUNCIL AIR .-ORCE DISCHAllCE REVIEW BOARO
1535 COIMAND OR. £€ WINC. 3A.D i:tOOR:
Al'OREIVS MB. MO 20762°7001		

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00398	

GENERAL:  The applicant appeals for an 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 characterizat ion.

ISSUE: The applicant received a General discharge for a Pattern of Misconduct -Prejudicial to Good Order and Discipline

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 two Letters  of  Reprimand  for  operating  a  motor vehicle while under the influence of alcohol.

The applicant claims that he was told he would receive probation and rehabilitation with the possibility of an Honorable discharge characterizatio n.  Although his discharge board recommended  probation and rehabilitation, the Separation Authority was not required to follow that recommendation , particularly when additional misconduct was brought to light.  After a thorough review of the record, the Board found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The applicant failed to provide sufficient evidence to support his claim.  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.

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 administrati ve 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