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	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCOO?ISEL
YES	No	(b) (6)
x
VOTE OF THE BOARD
MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x*
X* x*
x*
x*
ISSUES	A93.07	INDEX NUMBER	A67.10	EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFICATION
4 BRJEF 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 NUMBER

20 JuJ 2016	FD-2015-00573
\

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

(b) (6)

,,...

INDORSEMENT	DATE:  81212016
TO:	FROM:

SAF/MRBR

SECRETARY OFTHE Al.R FORCE PERSONNEL COUNCIL
AlR FORCE DISCHARGE REVIEW BOARD
550 CSTREET WEST,SUITE 40	ISlSCOMMAND DR, EB WING, 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-2015-00573	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable and to change the reason and authority for the discharge.

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.

Pursuant to 10 USC 1553 this board included a member who is a clinical psychologist or psychiatrist, or a physician with training on mental health issues connected with post traumatic stress disorder or traumatic brain injury and/or special training on mental health disorders.

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 four Letters of Reprimand and six Letters of Counseling. His misconduct included leaving a place of duty without permission (2x), reporting late for duty, falling asleep while on duty, causing disturbance in which the Wichita Police got involved, failing to follow proper maintenance procedures, failing to escort civilian contractors on the flight line, failing to make credit card payments on time, communicating a verbal threat of physical harm to a noncommissioned officer, and being involved in a verbal and physical altercation with an noncommissioned  officer.

The applicant contends the discharge was inequitable because it was based on a handful of minor incidents over the course of one year while he was in the midst of a protracted and painful divorce. He claims that his command knew that his misconduct was uncharacteristic of his prior three years of service. He feels that his chain of command acted arbitrarily and capriciously in disciplining him for trivial misconduct and failed to follow the proper procedures in the disciplinary actions leading up to his discharge. The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments. They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

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 and advice from the mental health specialist, the Board found no indication that any mental health issues had an impact on the applicant's misconduct or on his discharge. Additionally, the Board found no evidence to justify an upgrade of the discharge characterization, and change of reason and authority for the discharge.	

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