AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAi,)	GRADE
(b)(6)
TYPE GEN	I	PERSONAL    APPEARANCE	x	I	RECORD    REVlEW
COUNSla.	NA"'£ OF COUNSEL AND OR ORGANl7,ATION	ADDRESS AND OR ORGAXIZATIOl'i OFCOUEl.
VIS	No
x
VOTE OF1111: BOARD
MEMBER    SITTING	HON	OEN	UOTHC	OTHER	DENY

x

(b)(6)
,_
-	x
...	x
x
.....
x
ISSUES	A94.06	L'fD£X NUMBER	A67.10	EXHlBrTS SUBMITT£D TO TRI: BOARD
1 ORDER APPOrNTrNO THE BOARD
2  APPUCATION FOR REVIEW OF DISCHARGE
3 LETrER OF NOTIFI CATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOAR!)
ADDITIONAL EXHIBITS SUBMITTED ATTIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

lfEARINC l)ATE	CASE NUMBER

28 Sep 2016	FD-2016-00059
APJ'UCANT'S ISSUEA".ll> nlEBO.Ul>"S DECISION.AL RATIONALE ARli OISCl;SSED ON lllEAlTAOiED AIR FORCE OISCllAR<lE REVIEW BOARD DECISlOHAL lt.ATIID!ALE

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)

JNDORSEMEl:\I	DA1r..:   10/l
TO:	rROM:

SAFIMRBR

S&CRETARY OPTHE AIR f'ORCE PERSONJliEL co11i.c11.
AIR l'ORClt DISCHARGE REVlltW BOARD
550 C STREET WEST, SUITE 40	IS.}$ COJ\IMA'.40 OR, EE WING. 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MO 10761·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2016-00059	

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.

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 brai n injury and/or special training on mental health disorders.

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 Air Force Discharge Review Board, under its responsi bility 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 two Article 15s. His misconduct included physically controlling a vehicle while intoxicated and failing to refrain from consuming alcohol while under the age of 21.

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 - Minor Disciplinary Infractions. The applicant stated that he would like an upgrade in order to continue his education. He also stated that he was prescribed medication while serving that made his condition worse and contributed to his misconduct. After a review of the records, the Board found that the applicant's misconduct was a significant departure from  conduct expected  of all military members. The DRB concluded that the applicant failed to provide sufficient evidence to support his claims of a nexus between his medication and misconduct.

The applicant cited his desire to receive the G.I. Bill benefits asjustification for upgrade.  The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of inequity or impropriety which would warrant an upgrade.  The negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career.  The characterization of the discharge received by the applicant was found to be appropriate.

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 \vith 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.

A ttachment: Examiner's Brief