AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF' SERVICE MEMBER (LAST, F'IRST MIDDLE INITIAL)
(b) (6)	GRADE	
TYPE	I	PERSONAL   APPEARANCE	x	I	RECORD  REVIEW	
'	NAME OF COUNSEL AND OR ORGANILATION	ADl>RE.SSANDOR   ORGAl<ILATIOllOFCOUNSEL	
YES	No			
	x			

MEMBER SITTING	VOTE or THE BOARD	
	llON	GEN	UOTIIC	OTHER	DENY	
(b) (6)						X #	
						X #	
						X #	
						X #	
						X #	
ISSUES	A94.0S	INDf.X NUMBER	A67.03	EXBlBITS SVBMJITED TO THE BOARD	
		I	ORDER APPOINTING THE BOARD	
		2	APPUCATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTrFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITIONA L EXHtBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE	
			TAl'E RECORDING OF PERSONAL APPEARANCE HEARING	
HEARING DATE

30 Mar 2016	CASE NUMlltR

FD-2015-00597			
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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

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(b) (6)	
	
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SAf/MRBR
550 C STREET WEST, SUITE 40 RANDOLPH  AFB,TX 78150..4742	fROM:
SECRUARY OrTHt:Al R FORCE PERSONNEL COUNCIL AIR FORCE DISOIAllCE REVIEW BOARD
15.15 COMMA1'D DR. £.E WING, JRD FLOOR ANDREWS AF'll,M D 207'1·7001	

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00597	

GENERAL: The applicant appeals for upgrade of discharge characterization to General 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.

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  of reason  and authority for discharge.

ISSUE:  The applicant received an Under Other Than Honorabl e Conditions discharge for Misconduct - Serious Offense

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 Jed 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 a Special Court Martial conviction for having an unprofessional relationship with a trainee and adultery.

The applicant contends that his discharge was inequitable because it was too harsh.  He claims that he served the majority of his career honorably and that he regretfully made one mistake.  He also claims that he is dealing with issues related to havi ng PTSD.  After a review of the record, the Board surmised that the applicant's misconduct was a significant departure from the conduct expected of all military members.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance. He abused a position of trust as an instructor in order to engage in unprofessional relationships with trainees.  With regards to his claim of PTSD, according to the applicant's service treatment records, he was not diagnosed with a psychological disorder while on active duty.  The applicant failed to provide sufficient evidence to support his claim of PTSD being linked to his misconduct. Even if the applicant had been diagnosed with PTSD at the time of discharge, there is no provision for a medical diagnosis to override automatically acts of misconduct, and therefore, no inequity or impropriety was found based on this contention.

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 ju stify an upgrade of the discharge characterization or reason for 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