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

TYPE GEN	I	PERSONAL APPEARANCE	x	I	RECORD REVIEW
COUNSEL	NAM& OF COUNSEL AND OR ORCANIZ.ATION	ADDRESS ANO  OR ORCAlllUTION  OFCOUNSEL
YES	No
x
VOTE OFTHE BOARD
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
-
x
-
x
-
x
-
x
ISSUES	AOl.00	INDEX NUMBER	A67.10	EXHJBrrs SUBMITTED TO THE BOARD
1 ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVlEW OF DISCHARGE
3	LETTER OF NOT!FICATION
4	BRIEF OF PERSONNEL FILE COUNSEL' S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE:-IUMBER

14 Apr 2016	FD-2015-00522
A1PL1C11!1Mi ISSUI AND 1HI!llO.UITS.Df.CISIOIW.llATIONALEAll QClHE ATl'AOlllD Alll l'OllCBDISCHA1tGl3 UVIBW 90.uDIJliCl!lONAL M110tlAU!.

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)

	
TO:
SAF/MRBR
SSO C STREET WEST,SUITE 40 RANDOLPH AFB, TX781S0-4742	
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCllARCE U:Vl€W  BOARD
15J5 COMMAND DR, U WING, JRD FLOOR
ANDREWS An, MD 2t7U 7001	
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2015-00522	

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 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 includes five Letters of Reprimand and two Letters of Counseling. His misconduct includes failing to report to his scheduled place of duty (3x), reporting late to duty, driving under the influence, underage drinking and attempting to hide a passenger in the trunk of a vehicle to gain base access.

The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on January 20,
20 10) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board noted the impact to the applicant from the loss of these benefits; 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.

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