AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COOM!llCl.	NAME OF COUNSEL ANO OR ORGANIZATION	AODRtSS AND OR ORGANIZATION Of COUNSEL
YES	No
x

....

,_

VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x # •
X # * X # *

...

...

ISSUES	A94.53	INl>EX NUMBER	A75.00	EXHIBITS SUBMITTED 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

X #* X #*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

14 Apr 2016	F0-2015-00537
APP.l.ltl.Nt'\'. \SSUE.;\ND n11!BOAIU>'S IH!OSIOMJ\L RAllOHAU!Alli!DISCIJSS£D ONTHE AJTACHED	roRO!DISCHAlWI! ltSVlllW BOAltD  IJl1CISIOtlALM.TIONALE.

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.

# Narrative

* RE code

(b)(6)	-
INOORSEMENT	16
TO:	FROM:

SAF/MRBR

SECRETARY OFTiiE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE R£VIEW BOARD
550 C STREET WEST, SUITE 40	1535COMMAND DR,EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB,MD 20762-1001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00537	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable. He also appeals to change the reason and authority for the discharge, and to change the reenlistment code.

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 change ofreason and authority for discharge, and change of reenlistment code.

ISSUE: The applicant received an Under Other Than Honorable Conditions discharge for Misconduct - In Lieu of Trial by Court Martial.

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 violation of the UCMJ Article 128, assault consummated by battery.

The applicant contends that his discharge was improper because he was forced into agreeing to a Chapter 4 discharge in lieu of trial by court-martial. He also claims that he was unaware of the ramifications of the Chapter 4 until after being discharged. After review of the record, the Board found that the applicant, in his request for discharge in lieu of court-martial, stated that he was aware he could be discharged with an Under Other than Honorable Conditions (UOTHC) service characterization and that he was aware of the adverse nature of such a discharge. The ORB concluded that the applicant made an informed decision when he requested the Chapter 4 discharge and that the negative  aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.

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