AIR FORCE DISCHARGE REVIEW BOARD H EARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b) (6)	GRADE	
TYPE GEN	I	PERSONAL APPEARANC E	x	I	RECORD  REVIEW	
	NAM[ or COUNSEL AND OR ORGANll.ATION
(b) (6)	ADDRESS AND OR ORGANIZATlON or COUNSEL
(b) (6)	
YES	No			
x				

MEMBER SITIING	VOTE OF THE BOARD	
	HON	GEN	UOTHC	OTHER	DENY	
(b) (6)
.....

.....
-
.....						X+	
						
X+	
						
X+	
		
X+					
						X+	
ISSUES	A94.05	INDEX NUM BER	A67.10	EXIDBITS SUBMITTED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF l>lSCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE SOARD	
			ADDITlONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DAT£

14 Apr 2016	CASE NUMBER

FD-2015-00589			
._  _ _ ANDnmllOAID'S DllCDJNAL IA'DllPW.8MaDlllCUSSED ON 'DIBA.TI'MClllD A11t FalCl!DISCRAllOI!l!lMl!WllOA1ID •& JS'IULMTllJNAUI.	
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)	-
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
-	

INDORSEMENT

DATE:

TO:

SAF/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECR£TARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCllARGE REVIEW BOARD 1535COMMAND DR, EE WING, JRD FLOOR
ANDREWS Af'B, MD 2076i.?OOI

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE 'iUMBER

FD-2015-00589	

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 (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 denies the upgrade of the discharge characterization and change ofreason and authority for discharge.

The Board finds that neither the evidence of record nor that provided by the applicant substantiates an inequity or impropriety that would just ify a change of discharge.

ISSUE: The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

The Air Force Discharge Review Board, under its responsi bility 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 include two Article I Ss. His misconduct included sleeping on post and  being disrespectful toward an NCO.

The applicant's counsel contends that his discharge was ineq uitabl e because it was too harsh. He submits that the applicant was not given a reasonable opportunity to correct his behavior prior to being involuntary separated.  The Board determined that the applicant's discharge was warranted based on the nature of his misconduct , particularly h is inappropriate comments to a noncommissioned officer and a female airman. The Board also found that the characterization of his discharge was appropriate under the circumstances.  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 or a change to the reason 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