AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INlTIAL)	GRADE
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TYPE   GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW
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MEMBER SITTING	HON	GEN	UOTHC	OTHER	DENY
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ISSUES	A94.54	IND£ll NUMBER	A67.90	.·,.J!!	i;t,	MITrE..n.+w}(!:;:W#W c.:' '' ;;t,ti''
l ORDER APPOINlING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOT!FICAT!ON
4 BRIEF OF PERSONNEL Fll.E
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMIITED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASEN\JMDER

19 Oct 2016	FD-2016-00108

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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.

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TO:	FROM:

SAF/MRBR

SECRETARY OFDIE AIR FORCE PERSONNEL COUNOL AIR FORCE DISCllARCE REVIEW BOARD
SSO C STREET WEST.SUITE 40	lS35 COMMAND DR, EE WIHG, 3RD FLOOR
RANDOLPH AFB, TX 781504742	ANDREWS AFB, MD 2076MOOI

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

AlR FORCE DISCHARGE REVIEW BOARD DECISIONAL .RATIONALE	CASE NUMBER

FD-2016-00108	

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: Tlie Board finds insufficient evidence of an inequity or impropriety that would warrant a change to the applicant's discharge.

J;>ISCUSSION: 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.   Inreviewing 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 reyiew 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; one Vacation of Suspended Nonjudicial Punishment; six Letters of Reprimand; and two Letters of Counseling. His misconduct included: failing to refrain from sleeping on duty (2x); destroying government property; failing to attend mandatory Commander's Call; failing to obey a lawful order by the Squadron Commander to attend mandatory squadron physical training; failing to go at the time prescribed to his appointed place of duty on several occasions; failing to get the appropriate permission to take a two and a half hour lunch; failing to attend a mandatory medical appointment and failing to go to his appointed place of duty at the time prescribed;- and failing to meet minimum physical fitness standards (3x).	·

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 Pattern of Misconduct -Conduct Prejudicial to Good Order and Discipline. The applicant submitted no issues regardip.g the equity or propriety of his·discharge.  The applicant did cite his desire to receive the G.I. Bill benefits asjustification for upgrade.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The DRB noted the applicant had served five years before the discharge was initiated, but concluded that the applicant's misconduct outweighed the positive aspects of his time in the Air Force.  The Board is aware that the applicant's present service characterization renders him ineligible for Depai-tment of Veteran Affairs education 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 impropriety 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.

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.

Inview of the foregoing findings, the Board further concludes that there exists no legal·or equitable basis for upgrade of discharge and detennines the discharge should remain unchanged.	

Attachment:
Examiner's Brief

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