AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME O.F SERVICE MEMBER (LAST, FJRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE HON	x	I	PERSONAL  APPEARANCE	I	RECORD  REVIEW
COl/NSEI..	NAME OF COUNSEi,. AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION O•·COUNSEi.
YES	No	(b) (6)
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X*+

X*+

X*+
X*+ X*+
ISSUES	A94.54	INDEX NUMBER	A05.00	EXHIBITS SUBMITIED TO THE BOARD
l 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 RECORDING OF PERSONAL APPEARANCE HEARING

HEAR ING DATE	CASE NUMBER

21 Jul 2016	FD-2015-00529
APPLICANT'S ISSUE AND THE BOARD"S DECISIONAL RATIONALE ARE DISCUSSED ON THE ATIACHED AIR FORCE DISCHARGE REV1EW BOARD DECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise appl icant of the decision of the Board and the right to submit an application to the AFBCMR.

* CHANGE RE CODE
+ CHANGE REASON AND AUTHORJTY TO SECRETARIAL AUTHORJTY
'
(b) (6)

\..,./"	INDORSEMENT	DATE: 813/lorts-'
TO:	FROM :
Sl\f/MRBR	SECRETARY OPTHlc Al R FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR.EE Wll\G, JRD Fl.OOR
RANDOLPH AFB, TX 78150-4742	ANDREWSAFB, MD W762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00529	

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

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

The applicant appeared  and testified before the Discharge Review Board (DRB), with counsel, at Joint Base Andrews, MD, on July 21, 2016.

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

FINDING :   After a review of the record, the Board voted to grant the relief of the requested  upgrade as discussed below.

DISCUSSION: The applicant was discharged for Reduction in Force with service characterized as Honorable. 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 Article 15 and one Letter of Reprimand. His misconduct included failing to have a liberty buddy during restricted hours, failing to be in an off-installation place of lodging during restricted hours, making a false official statement to a Senior Noncommissioned Officer, and failing to obey order or regulation.

The applicant contends the discharge was inequitable because he feels that the Article 15 was too harsh and should not have resulted in a denial of reenlistment.  While the DRB did not condone the applicant's misconduct , it was determined that the unit and the Military Personnel Section did not follow the proper procedures when completing the AF Form 418 "Selective Reenlistment Program (SRP) Considerations ".
The applicant stated that he was not counseled on the appeal process as stated in the AFI36-2606.  After a thorough review of the record, the Board found sufficient evidence to conclude that the applicant's personnel record showed lacking documentation that justified  an impropriety with the discharge.

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 evidence to justify a change to the reason for the discharge and the reenlistment code.

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.

In view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected with the reason for the discharge described as Secretarial Authority and the reenlistment code changed to 3K under the provisions of Title 10, United States Code, Section 1553.	

Attachment: Examiner's Brief