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
COllldtL	NAME OF COUNSEL AND OR ORGA!'llUTION	AJ>DR£SS AND OR ORGANIZA TIO!\ OF COUl\S&L
YES	No
x
VOTEOFTIIE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	X*+

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ISSUl:S	A01.J 3	INDl!:X NUMBER	A67.50	EXlllBITSSUBMllTEDTOTIIE BOARD
J  ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LEITER OF NOTIFICATION
4	BRIEF OF PERSONNEL l'JL£
COUNSEL'S RELEASE TOTHE BOARD
ADDITIONAL EXHIBITS SUBMIITED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING Of PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMllER

24 Mar 2016	FD-2016-00028
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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.

• CHANGE RE CODE
+ CHANGE REASON AND AUTHORITY TO SECRETARIAL AUTHORITY
(b)(6)

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00028	

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 (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 grants the requested relief.
The Board finds that the evidence provided by the applicant substantiates an inequity or impropriety that would justify a change of the discharge characterization, a change to the reason and authority for  the discharge, and a change of the reenlistment code.

ISSUE: The applicant received a General discharge for Misconduct - A Pattern of Misconduct

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 contends that his discharge should be upgraded and that the narrative reason for his discharge should be changed to "Expiration of Term of Service" based on corrective action  taken by the Air Force Board for Correction of Military Records (BCMR). The applicant's record of service initially included: one Article 15 for dereliction of duty by providing alcohol to a minor and making false official statements; one Vacation of Suspended Nonjudicial Punishment for dereliction of duty by providing alcohol to a minor; and one Letter of Counseling for dereliction of duty by failing to wear personal protective equipment (PPE). However, on January 5, 2015, the BCMR directed that the Article 15 and the Vacation of Suspended Nonjudicial Punishment be declared void and removed from the applicant's  records.  The  BCMR  also restored the applicant's rank to Senior Airman, effective as of October  14, 2011.

The applicant was discharged for a pattern of misconduct prejudicial to good order and discipline in accordance with  AFI 36-3208, paragraph 5.50.2. Following  the removal from his military records of the Article  15 and Vacation of Suspended Nonjudicial  Punishment, the only remaining documented misconduct in the applicant's record is a Letter of Counseling he received for dereliction of duty by failing to wear his PPE. This one incident does not amount to a pattern of misconduct warranting involuntary separation under AFI 36-3208, paragraph 5.50.2.

After a thorough review of the record, the Board determined that the evidence submitted by the applicant justifies an upgrade of the discharge characterization, as well as a change to the reason for the discharge and to the reenlistment code.	

CONCLUSION: The Discharge Review Board concludes that the discharge was inconsistent with the procedural and substantive requirements of the discharge regulation and finds the applicant was not provided full administrative due process.

I n view of the foregoing findings, the Board concludes that the overall quality of applicant's service is more accurately reflected by an Honorable service characterization. that the reason for the discharge is more accurately described as Secretarial Authority , and that the reenlistment code is more accurately described by code 3K, under the provisions of Title 10, United States Code, Section 1553.

Attachment: Exami ner's Brief