AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)

TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAM£ OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZ.A TION OF COUNSEL
Yf;S	No
x
VOTE OF 1HE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	x
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....

....

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x
x x x
ISSUES	A94.53	INDEX NUMBER	A67.IO	EXHIBITS SUBMIITED 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 SUBMITTED AT TIME OF PERSONAL  APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CAS£ NUM B£R

19 May 2016	FD-2016-00016
Al'l'tlCAlfT"S 1SSUBAl'll)1111!llOAltD'S Dl!CISIONAL ltA110NAll!AIE DISCUSSl!I> ON 11IEA1TAOIED AIR PllllCBDISalAR(J8 RIMBW llOAJtl)Dl!CISIONAL ltA110NAIA

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)

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TO:	FROM:

SAF/MRBR

SEOUT. Al!Y Ol" nu:All! FORCE l'tRSONNEL COUNCIL
AIR FORCE DISOtARGE REVIEW BOA.RD
550 C STREET WEST,SUITE 40	15.lS COMMAND DR. Et WING, lAI> FLOOR
RANDOLPH AFB, TX 781504742	ANDREWS AFB, MD :W762-"IOOI

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00016	

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.

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. 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, two Letters of Reprimand, and two  Letters of Counseling. His misconduct included wrongfully failing  to be on the military installation or in an off installation private residence during restricted hours, making a false official statement to a patrol officer, disorderly conduct, operating a vehicle with a suspended license, sleeping on duty, and failing to activate out­ of-office reply while being absent for an extended period of time.

The applicant cited his desire to receive benefits as justification  for upgrade.  The Board is aware that the present service characterization renders the applicant ineligible for these 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.

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