AIR FORCE DiSCHARGE REVIEW BOARD HEARING RECORD	
	,FIRST l\1IDDLE INITIAL)	HEARING DATE 2016-11-17	CASE NUJ\IBER
FD-2016-
.00073	
TYPE	x	PERSONAL  APPEARANCE		NON-PERSONAL  APPEARANCE	
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Yes	No	NAMEOFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZAT ONOFCOUNSEL	
				
MEMBER SITTING		VOTE:OF THE BP.A..Rl)	
		HON	GEN	UOTHC	OTHER	DENY	
						x	
						x	
						x	
						x	
						x	
							
		.. :..: "	,,·;... ..
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		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FORREVIEW  OF DISCHARGE	
		3	LETTER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'SRELEASE TO THE BOARD	
			ADDITIONAL EXHIBITS SUBM!ITED A1TIME OF  PERSONAL
APPEARANCE	
			.TAPE RECORDING OF PERSONAL APPEARANCE HEARlNG-	
	
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.	·

	

SAFIMRBR
550 CSTREET WEST, SillTE 40
RANDOLPHAFB, 1X7815o-4742 .	FROM:
SECRETARY OFlHEAIRFORCE PEIUON!IEL COUNCIL
AJR FOJlCE DISCH.ARCE RJ:lllE\Y BOARD 1Sl5 COMMAND DR, EE WING, 3RD FLOOR AHDRE\YS AFB,  MD2070-1001	
- AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00073	

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 yvould warrant a change to the applicant's discharge.

DISCUSSION: 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 discparge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety.

The applicant received an. Entry Level Separation discharge for performance/conduct. 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 re.ason for discharge if such change is warranted. In reviewing discharges, the Board presumes regularity in the conduct of governmental atfairs 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 indicates in his application that he was unjustly discharged due to the force-shaping program  in 2004. He clainis that he was under the impression that he would receive an·Honorable charcterization  and be able to re-enlist once force-shaping was completed. ·The applicant provided insufficient documentation to support his claim. A discharge is upgraded only if it is established that an inequity or impropriety took place at the time of discharge. Pursuant to AFI 36-3208, paragraph 1.19.l ;Entry Level Separation, airmen are in entry level status during the first 180 days of continuous active duty service and such service is only characterized as honorable when clearly warranted by unusual circumstances of personal conduct and performance of military duty. After a thorough review of the record, the Board found no evidence to justify characterizing the applicant's service as  onorable.

CONCLUSION:	The Discharge Review Board concludes that the discharge was consistent with the . procedural and substantive requirements of the discharge regulation,was	ithin 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 rem unchanged.

Attachment: Examiner's Brief