AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OJ' SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE  GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
t'.X>UHSEL	NAME Of' COUNSEL AND OR ORGANIZATION	ADDRESS Al'ID OR ORGANIZ.ATION 01'COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
x x x x
ISSUES	A92.21	INDEX NUMBER	A67.50	EXHIBITS SUBMITTED TO un;BOARD
A85.07	1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRlEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXlITBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

30 Mar 2016	FD-2015-00508
i'PPUCMIT"S ISSUE i'NI> U1E BOARD'SDECJSJ01'1A1.AA'rJOALE ARE DJSCOSSEI> ONTHI;i'TI'A.CHEO IJllFORCE PiSCHAJlOE RliVIEW'BOA.111> DJ;Cl$1(lNA1. RA110NALE

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)

J:"IOORSEMENT		DATE:   41512016		
TO:	
SAF/MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM:	
sg('ll£TARY OF THE AIR FORCE Pl.RSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
153 COMMAND Dll.£&WING, 3RD FLOOR
ANDREWS Aft!, MD 10762-1001		
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00508	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

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 Article 15s and four Letters of Reprimand. His misconduct included failing to go on multiple occasions, disobeying a lawful order, driving while under the influence of alcohol, being disrespectful to a noncommissioned officer, using derogatory language, and violating the terms of his residential lease.

The applicant states that his discharge did not take into account the good things he did while inthe service. The DRB took note of the applicant's duty performance as documented by his performance reports and character letters provided on his behalf. However, the Board determined that the seriousness of the applicant 's willful misconduct offset any positive aspects of his duty performance.

The applicant also seeks an upgrade based on his commendable post-service conduct. The Board was pleased to see that the applicant is doing well and has a good job.  However, the applicant identified no inequity or impropriety in his discharge which would warrant an upgrade. The Board concluded that the service characterization he received was appropriate based on his misconduct.

Finally, the applicant cited his desire to receive the Post 9/11 G.I. Bill benefits asjustification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on December 2, 2011) 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.	

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