AIR  FO RCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OFSERVICE MEMBER (LAST, FIRSTMIDDLE INITIAL)	GRADE

TYPE GEN	PERSONAL APPEARANCE	X	RECORD  REVIEW
•.•, ·	UN$&1--;-  " ;,  NAMEOFCOONSELANDORORGANJZATION	ADDRESSANDOR    ORCANIZATIONOFCOONSEL YES		No
X

MEMBER SIT TING	HON	GEN	UOTHC	OTHER	DENY
+	X
+	X
+	X
+	X
+	X

ISSUES	A67.10	INDEX NUMBER.	A66.00

I
HEARING DATE	CASE NUMBER

05 O ct 2016	FD-2015-00618

1	ORDER APPOINTING THE BOARD
2	APPLICATIONFOR REVIEW OFDISCHARGE
3	LETTER OFNOTIFICATION
4	BRIEFOFPERSONNELF E COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right toa personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

+ CHANGE REASON AND AUTHORITY TO "MISCONDUCT - MINOR DISCIPLINARYINFRACTIONS"

TO:
SAF/MRBR
550 CSTREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

SECRETARY OFTHE Alll FORCE PERSONNEL COUNCIL ATR FORCEDISCHARGE  REVIEW BOARD
153SCOMMAND DR, EE WING, 3RD FLOOR
ANDREWSAFB,  MD 20762-7001

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00618	

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

The applicant was offered a personal appearance before the Discharge Review Board (DRB) hut 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. However, based upon the record, the Board finds the applicant's reason and authority for discharge incorrect.

DISCUSSION: The Air Force Discharge Review Board, under its responsibilityto 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, and three Letters of Counseling. His misconduct included: failing to go at the time prescribed to appointed place of duty; physically controlling a vehicle while drunk in a reckless manner by driving into a pond; failing to go t9 a scheduled appointment; failing to obey an order or regulation by failing to follow the steps in·a technical order; verbally and physically assaulting a fellow Airman; failing to report to duty while in standby status; making a racially disparaging statement t6 a fellow Airman; failing to report for mandatory physical training; and giving false information to a Senior Noncommissioned Officer.

The Board completed a thorough review of the circumstances that led to the discharge and the discharge process to determine if the discharge met the pertinent standards of equity and propriety. The applicant received a General discharge for Misconduct - Drug Abuse. The applicant submitted no issues regarding the equity or propriety of his discharge. The applicant cited his desire to receive the G.I·. Bill benefits as justification for upgrade. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge. The DRB noted the applicant had served two and a half years before the discharge was initiated, but concluded that the applicant's misconduct outweighed the positive aspects of his time in the Air Force. The Board is aware that the applicant's present service characterization renders him ineligible for Department of Veteran Affairs education benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade.

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. However, the Board did find evidence that show an error in the applicant's record.
theapplicant's record stated that thereason for discharge wasfor Misconduct- Minor Disciplinary Infractions
and not Misconduct - Drug Abuse. .

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided fulf administrative due process.	

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However, in view of the foregoing findings, the Boardconcludes that the overall quality of applicant's reason for the discharge is more accurately described as Misconduct- Minor Disciplinary Infractions under the provisions of 10 USC §1553.

Attachment: Examiner's Brief