AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITlAL)	GRADE
(b) (6)
TYPE  GEN	I	PERSONAL     APPEARANCE	x	I	RECORD    REVIEW
CO\Jl'ISl:t	NAME OFCOUNSEL AND OR ORGANJZATION	ADDRESS AND OR ORGANll.ATION OF COUNSEL
YES	No
x

-(b} (6)
-
-
-
-

VOTE OF THE BOARD
MEMBER    SITTING	HON	GEN	UOTHC	OTHER	DENY
x
x x
x x

ISSUES	A94.06	INDEX NIJMBER	A67.10	EXHIBITS SUBMITTED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING l>ATE	CASE NUMBER

19 Aug 2016	FD-2015-00622
APJ>IJCANTS1$SU8ANOTHEBOARD   'SDECISlONALltA'DONALl!AllBDISCVSSEl>ONUEATI'ACHEl)Allll'ORCEl>ISCHAlWl!IUMBWBOARDDEClSIONALltA          TIONALli.

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)

INDO.ltSEMENT
TO:	FROM:

DATiKi1iJl20t6

SAFIMRBR

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHAAGE REVIEW BOARD
550 C STREET WEST,SUITE 40	1535 COMJltAND DR, EE WING, 3RD ft.OOR
RANDOLPH AFB,TX 78150-4742	ANDREWS AFB, JltD 20762.-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00622	

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.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

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.

FINDING: The Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

DISCUSSION: The applicant received a General discharge for Misconduct - Minor Disciplinary Infractions (MDI). 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; three Letters of Reprimand and five Letters of Counseling . His misconduct included: failing a fitness assessment (4x); with intent to deceive, making a false official statement; violating 24 hour fitness center access statement of understanding and on divers occasions, failing to go to appointed place of duty.

The applicant contends the discharge was inequitable because it was too harsh.  He feels that his misconduct did not warrant a General discharge characterization.   He also claims that his commander and first sergeant did what they could to get him discharged.  After a review of the records, the Board found that the applicant was discharged based on MDI and unsatisfactory performance .  Despite the numerous opportunities to improve his fitness level and behavior, the applicant failed to maintain physical fitness standard or correct his negative behavior.  The DRB found that there was insufficient evidence to support his claim of unfair treatment from the commander and first sergeant.  The Board concluded the applicant's misconduct was a significant departure from conduct expected of all military members.  The Board further concluded that the
.negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.

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 detennines the discharge should remain unchanged.

Attachment: Examiner's Brief