AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

PERSONAL  APPEARANCE
' ' COUNSEL	. NAME OFCOUNSEL AND OR ORGANIZATION
Y£S	No
x

x	RECORD REVIEW
ADDRESSAND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER

DENY

x x x x
x

ISSUES

A94.0S

INDEX NUMBER	A67.10

'.EXHIBITS S.UBMIT'fEP, :ro THE :B
1 ORDER APPOINTING THE BOARD
2 Al'PLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTJFICATION
4 BRIEF OFPERSONNEL Fil.E COUNSEL'SRELEASE  TO THEBOARD
ADDITIONAL EXHIBITS SUBMITTED ATTIME OF
PERSONAL   APPEARANCE

- :·

·. " : r

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATii	CAS£NUMDER

12 Oct 2016

FD·2016-00091

·APPUCANT"SIS    ANDTIIEBO   :s D<JolALRA110NALEAAE DISCUSSED.ON,1?ATTACHED AlllFORCEOISCH.UGE	BOARl>DECISIONALTiqNALE  ,.,	::·'. .;-; ;--· .;·,._, ' 5f:J
Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/with0ut counsel, and the right to submit an application to the AFBCMR.

I	-

TO:

SAF/MRBR
550 CSTREET WEST, SUITE 40 RANDOLPH AFB,TX781504742

PROM:

... .....,. ..,,!.'

SECRETARY OFntE AIR FORCEPERSONNEi. COUNCIL AIR FORCE DISCHARGE RtYll!W BOARJ)
1535COMMAND DR, EE WlNG,lRD fLOOR ANDREWS AfB,MD 20762-'lOOI

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

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00091	

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 brain 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 itsresponsibility to examine the propriety and equity of an applicant's discharge, is authorized to change the characterization of service and the reason for discharge ifsuch 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, six Letters of Reprimand, and one Letter of Counseling. His misconduct included:  being involved in physical altercation with his spouse; being late for duty on several occasions; making inappropriate comments towards an individual trying to gain access to the Bitburg Annex; being insubordinate towards a noncommissioned  officer (NCO); acting unprofessionally by using provoking language; lying about having a shaving waiver; reporting late for duty; disrespecting an NCO; willfully abused his authority by threatening to apprehend a civilian without cause; failing to use authority impartially; and willfully failing to refrain from using profane language towards a civilian.

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 contends that his overall service warrants an honorable characterization to his discharge. After a review of the records,the Board found that the applicant engaged in various types of misconduct which tended to degrade and disrupt good order and discipline. The Board surmised 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 justify an upgrade to his discharge characterization. The negative aspects of the applicant's service outweighed the positive contributions he made inhis Air Force career. The characterization of the discharge received by the applicant was fou11d 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 with the procedural and substantive requirements of the discharge reglilation, was within the discretion of the discharge authority, and that the aoolicant was provided full administrative due process.	

Inview 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