AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FLRST MIDDLE INITIAL)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL APPEARAN CE	x	I	RECORD  REVIEW
CDIL19ll.	NAMl'. or COUNSEL AllD OR ORGA.lZATION	ADORLSS AND OR ORCA.'llZA110'.I or COUNSEL
YES	No
x
VOTE OF THE BOARD
MEMBER  SITTING	HON	GEN	UOTHC	OTHER	DENY
(b)(6)	x •#
x •# x •#
x •# x •#
ISSUES	A94.53	INDEX NUMBER	A67.10	EXHIBITS SUBMJITEDTOTHE  BOARD
I ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NOTIFJCATION
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

R&AIUNC DAtt	CASE NVMBER

17 Jun 2016	FD-2016-00037
ll!SllBAJSI'11980UD'SDllClllOtlALM.	AU Dl9CUSSllD ON11!BAJ'DICllliDAllLl'llta!D9QIAllOI!_.. .,.	DB    •W.1M'DUIW.ll.

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 reason *
Re Code #

(b)(6)

-	--

lNDORSEMl:NT	DATE: "1'11JM'
TO:	FROM:

SAF/MRBR

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHAllCE REVU:W BOARD
550 C STREET WEST, SUITE 40	15>5 COMMA'.ID DR, EE WL'IC, JRD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD Z076l-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2016-00037	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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: three Letters of Reprimand , one Letter of Admonishment and one Record of Individual Counseling. His misconduct included failing to maintain dress and appearance standards (2x), being disrespectful towards an airman leader, arriving late for duty, having an unauthorized knife and steel baton in his donn room, and sleeping with his weapon while riding on the back of a Light Medium Tactical Vehicle.

The applicant cited his desire to receive the G.I. Bill benefits asjustification for upgrade. The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on May 28, 2015), that he understood he must receive an Honorable discharge to receive future educational entitlements. 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 impropr iety 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 , change of reason and authority for the discharge, or change to the reenlistment code.

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 the discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief