AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b)(6)	HEARING DATE
2016-11-17	CASE NUMBER
FD-2016-
00130	
TYPE		PERSONAL APPEARANCE	x	NON-PERSONAL  APPEARANCE	
COUNSEL	l'A!l!E OF COU!'iSEL AND OR ORCAl\'IZATIO!'	ADDRESSAND OR ORCANIZATIO!'i OFCOU!'iSEL	
Yes	No			
				
MEMBER SITTING

(b)(6)		VOTE OF THE BOARD	
		HON	GEN	UOTHC	OTHER	DENY	
						X*#	
						X*#	
						X*#	
						X*#	
						X*#	
							
ISSUES	INDEX NUMBER	EXHIBITS SUB!\UTTED TO THE BOARD	
		1	ORDER APPOINTING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LEITER OF NOTIFICATION	
		4	BRIEF OF PERSONNEL FILE	
			COUNSEL'S RELEASE TO THE BOARD	
			ADDITTONAL EXHIBITS SUBMITTED AT TIME OF  PERSONAL APPEARANCE	
			TAPE RECORDING OF PERSONAL APPEARANCE HEARING	
APPLICANT'S ISSUE AND THE BOARDS DECISIONAL RATIONALE ARE DISCUSSED ON THE AITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	
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)

SJCN.\TURE OFBOARD  PRESIDENT	DATE:2/112017	
TO:
SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB,TX 78150-4742	FRO!\!:
SECRETARY OF 1HEAIR FORCE PERSONl\"ELCOu"NCIL AIR FORCE DISCIL\RCE REVIEW BO..\RD
1535 COMMAND DR, EE ThlNC,3RD FLOOR ANDREWS AFB,MD 20761-7001	
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00130	

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 (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 would 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 applicant’s record of service included: three Letters of Reprimand; one Letter of Counseling; and two Letters of Admonishment. His misconduct included: failing to obey military training leader by leaving base and not returning for curfew; arriving late for morning accountability and making a false official statement to the military training leader; failing to follow the 37th Training Wing policy by driving personally owned vehicle during duty hours (2x) and failing to check in every hour via cell phone; writing another student’s name on the sign out log and his appointment slip that did not go with him to appointment; and failing to report to scheduled Charge of Quarters (CQ) shift (2x).

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 the discharge was inequitable because it was too harsh and affecting his civilian employment. He claims that his discharge was improper due to the fact that he was already scheduled to voluntarily separate by signing the self-elimination memorandum, and a few minor disciplinary actions should not be the reason for a General discharge. The applicant also cited his desire to receive the G.I. Bill benefits as justification for upgrade.
The DRB opined that, through the administrative actions taken, the applicant had ample opportunities to change his negative behavior, and though scheduled for voluntary separation, his documented misconduct provided ample justification for an involuntary discharge.  The Board is aware that the applicant’s present service characterization renders him ineligible for Department of Veteran Affairs education benefits; however, this is not a matter of equity or propriety which would warrant an upgrade.  The Board concluded the applicant’s misconduct was a significant departure from conduct expected of all military members. 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, 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.

The Board highly recommends that if the applicant can provide additional information to substantiate his contentions to correct his DD Form 214 to include all attended schools and training courses, he should submit an application to the Air Force Board of Correction to Military Record via DD Form 149, Application for Correction of Military Record.	

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 discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief