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
COUNSU	NAME OF COUNSEL AND OR ORGAXIZATION	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*#

ISSUES	A92.21	INDEX NU)IBER	A67.10	EXHIBITS SUBMlTIED TOTHE 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*#

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

22 Sep 2016	FD-2015-00569
APPLICANT'S ISSUE AND 'THE BOARD"S DECISIONAL  RATIONALE ARB DISCUSSllD ON 1llEA1TACllEDAIR FOR.CE DISC'HAllGE REVIEW BOAIU> DECISIONAL RATIONALE.

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 Reason
#RE Code

(b} (6)

	.	lNDORSEMENT	·-	-	DATE: 912312016
Jo
TO:	FROM:

SAF/MRBR

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
550 C STREET WEST, SUITE 40	1535 COMMAND DR, EE WlNG,3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00569	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable, 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 (ORB) 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 finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: The applicant was discharged for Misconduct - Minor Disciplinary Infractions with service characterized as Under Honorable Conditions (General). 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 l5s; four Letters of Reprimand; three Letters of Counseling; and one Letter of Admonishment. His misconduct included: using tobacco products during duty hours; using tobacco products inside the dormitory; failing room inspection (4x) with a security violation; taking possessions from another Airman' s room without their permission; lying to a noncommissioned officer; failing to maintain standards of the phase program; failing to obey an order; and refusing to go to correctional custody.

The applicant contends the discharge was inequitable because it was too harsh.  He claims that the punishment of article 15 resulting in his discharge was disproportionate with the offense of violating the "phase program" while in technical school.  The Board surmised that the violation of the phase program warranted disciplinary actions received by the applicant.  Although administrative actions were taken, the applicant continued to show disregard for military standards and policies.

The applicant also states that his discharge should be upgraded based on his post-service conduct.  The DRB was pleased to see that the applicant elected to continue to serve in the National Guard and is doing well.
However, the applicant's post-service conduct did not provide a basis for a more thorough understanding of the performance during the period of service that is the subject of the discharge review. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The Board concluded that the characterization of the applicant's service was appropriate based on the misconduct.

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 no evidence to justify an upgrade of the discharge characterization, change to the reason for the discharge, and 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