AI R FORCE DISCHARGE REVI EW BOARD HEARING RECORD
A'fE OF ERVICE MEMBER (L\ST, FIRST MIDDLE li'\ITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD  REVIEW
COll\'S£L	NAME OFCOUNSEL AJ'1D OR ORGAN17.ATION	ADDRESS AND OR ORGANIZATION Of COUNSEL
!'Es	No
x
VOTE OFTHE BOARD
MEMBE R SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x x
x
ISSUES	A93.23	INDEX NL"l18ER	A67.10	EXHIBITS SUBMJTfED TO THE BOARD 	
1	ORDER APPOINTLNG 1llE BOARD
2	APPL!CATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHrBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBE R

08 Jul 2016	FD-20 15-00446
Al'PIJCM"T"S ISSllEAl\1>1llE BOARD'S DEOSJOSALRATIONAi.£ ARE DISCl.;SSED OSTllE ATTAOIED AIR FORCE DISCHARGE REVIEW BOARD DECISIO"IAL RATIONAi.£

Case heard in Washington , O.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR.

(b} (6)

INDORSEMENT	DATE:  7/20/2016
TO:	FR0\1:
SA F/MRBR	SECRETARY Of' THE AIR l'ORC£ P£RSONlfELCOUNC IL

550 C STREET WEST, SUITE 40

AIR FORCE OJSOlARCE REVIEW BOARD 1535 COMMAND DR. ££ Wl/\ C, JRO t'l.OOR

RANDOLPH AFB, TX 78150-4742	A.'10REWS AFB. MO lt762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00446	

GENERAL: The applicant appeals for 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.

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 a General discharge for Misconduct -Minor Disciplinary Infractions. 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 four Letters of Reprimand and two Letters of Counseling. His misconduct included: failing to report to duty at the prescribed time (4x); proceeding to go on leave without proper authorization (2x); failing to obtain a shaving waiver and failing to return to duty.

The applicant contends that his mental health was not considered during the decision for his discharge.  He claims that his mental health issues were the direct cause of his misconduct.  After review of the records and advice from the mental health specialist, the DRB found insufficient evidence to indicate that the applicant's mental health directly contributed to his misconduct.  The administrative actions taken against the applicant gave ample opportunities for him to change his negative behavior.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

The applicant also cited his desire to receive the G.I. Bill benefits as justification for upgrade . The Board is aware that the present service characterization renders the applicant ineligible for Department of Veterans 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 0f 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