AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF' SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

(b) (6)
TYPE	x	I	PERSONAL APPEARAN CE	I	RECORD  REVIEW
COUN5':L	NA 1E OF COUNSEL AND OR ORCANIZo\TION	ADOR£SSAND OR ORCANIZATION OFCOUl'SEL
Yt::S	No
x
VOTE OFTHE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X*#
x	*#
x	*#
X*#

ISSUES	A94.54	INDEX NUMBER	A94.07	EXHIBITSSUBMITfED  TO  THE   BOARD
1 ORDE R APPOINTING THE BOA RD
2  APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S  RELEASE TO TI IE 80ARD
ADDITIONAL EXH!BITS SUBMITTED AT TIME OF PERSONAL A PPEARANCE

X*#

TAPE RECORDING OF PERSONAL APPEA RA NCE HEARJNG

HtARillC  DATE	CASE NUMBER

25 Jul 2016	FD-2015-00407
APPUCANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON 11lE ATTAOIED 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.

*Narrative Reason
#RE Code

-(5}(6)

,,	-

'""'""7	INDORSEMENT	DATE: 81812016
TO:	FROM :

SAF!MRBR

SECRETARY OF THE AIR FORCEPERSONNEL COUNCIL AJR FORCE DISCHARGE REVI EW SOARD
550 C STREET WEST,SUITE 40	ISJ5 COMMAND DR.EE WING.JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWSAFB,MD1076!.-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00407	

GENERAL: The applicant appeals for upgrade of discharge characterization to General, to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant appeared and testified before the Discharge Review Board (DRB), via video teleconference between Joint Base Andrews, MD, and Travis AFB, CA on 25 Jul 2016. A witness was present and testified on the applicant's behalf.

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

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 the applicant's discharge.

DISCUSSION: The applicant received an Under Other Than Honorable Conditions (UOTHC) discharge for conduct Trial by Court-Martial. 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 Chapter 4 Discharge in Lieu of Trial by Court­ Martial for wrongful possession and distribution of marijuana.

The applicant states that his discharge should be upgraded based on his service record and post-service conduct.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.  The DRB was also pleased to see that the applicant
is doing well and has a good job.  However, the Board reviewed the entire record and found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board concluded that the characterization of the applicant's service was appropriate based on the misconduct.

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 , the Board found no evidence to justify an upgrade of the discharge characterization , change to the reason for the discharge, or the reenlistment code.

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