AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
COOl'l!!llL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x

x x x x
ISSlJES	A93.19	INDJtX NUMBER	A67.10	EXHIBITS SUBMIITED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORD ING OF PERSONAL APPEARAN CE HEARING

HEARING DATlt	CASE NUMBER

20 Apr 2016	FD-2015-00476
APPIJCANT"S lSSUl!AND mil80ARD"S DECISIONAL llATLONAL6 AllE DISCUSSED Olll tttll ATIAaiEDAlll rollta!Dl.'ICHAMll REVIEW BOAllD DlOSlONAI. RATICltiAU!.

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.

(b) (6)

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AIR FORCE DISCHARGE RElEW BOARD
550 C STREET WEST,SUITE 40	1Sl5COMMAND DR, EE WING. JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MO 20761-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00476	

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.

FINDING:  The Board denies the upgrade of the discharge characterization.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would justify a change of discharge.

ISSUE: 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 two Article 15s, one Vacation of Suspended Nonjudicial Punishment and one Letter of Reprimand. The misconduct included consuming alcohol while under the age of 21(2x), misusing prescription drugs, failing to go at the prescribed time to his appointed place of duty (2x), providing alcohol to a minor and falsely altering his military identification card by changing his date of birth.

The applicant cited his desire to receive the G.I. Bill benefits asjustification  for upgrade.  The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on January 17, 2013) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade.  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.
After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization , 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