AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONAL  APPEARAN CE	x	I	RECORD   REVIEW
COllNSEL	NAME OFCOUNSEL AND OR ORCANIZ.ATION	ADDRESS AND OR ORGANIZATION OFCOUNSEL
YES	No
x

(b) (6)

VOTE OF THE BOARD
MEMBER  SITTIN G	HON	GEN	UOTHC	OTHER	DENY
x x x
x x

ISSUES	A94.54	INDEX NUMll£R	A67.10	EXHffiITS SUBMITTED TO TUE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER 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 HEARJNG

HEARING DATE	CASE NUMBER

20 Jul 2016	FD-2015-00586
Al'l'UCANTS ISSll!AND TRI!BOARD'S DECISIONAL RATIONALE AllE DISCllSSED ON nu;ATTAOIED AIR.FORCE DISCHAROI! R.EVIBW BOARD D£CIS!Of'W.. AATlON.U.E.	I
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)

INDORSEMENT	DATE:  81112016
TO:	FROM:

SAF/MRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCIL\RCE REVIEW BOARD
550 C STREET WEST, SUITE 40	IS3S COMMAND DR,EE WlNG, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 2076l-1001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CAS"f. NUMBER

FD-2015-00586	

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.

Pursuant to 10 USC 1553 this board included a member who is a clinical psychologi st or psychiatrist, or a physician with training on mental health issues cormected 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 one Article 15, four Letters of Reprimand, one Letter of Admonishment, and one Record of Individual Counseling. His misconduct  included failing to show for duty, failing to stay in quarters, underage drinking, smoking in the dormitory, failing to report for duty at appointed time, failing to show for an appointment, and failing to go to place of duty at appointed time on several occasions.

The applicant submitted no issues regarding the equity or propriety of his discharge.  The applicant submits that he believes that the uncomfortable and dreadful work environment contributed to his stress and the ability to wake up in the mornings.  He claims that his stress impacted his actions and contributed to his misconduct.  The Board opined that, through the administrative actions taken, the applicant had ample opportunities to change his behavior.

The DRB was pleased to see that the applicant is doing well and has obtained two Associates Degrees. However, the Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  They found the seriousness of the willful misconduct offset the positive aspects of the applicant's duty performance.  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 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.

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