AIR FORCE DISCHARGE REVIEW BOARD HEARIN G RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL).	HEARING DATE	CASE NUMBER
(b) (6)	2016-12-01	FD-2016-
00171

TYPE	-  -	PERSONAL     APPEARANCE	x	NON-PERSONAL      APPEARANCE	-
COUNSEi,.	NAJ\IE OFCOUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZATION OFCO&L
Yes	No

MEMBER  SITIING	VOTE OF THE BOARD

.<·. ;.. ._..

....

HON	GEN	UOTHC	OTHER	DENY

.

(b) (6)	x
x x x
x x

ISSUtS	IND&XNUIBER	EXB;IBITS'SUBMITTEDT9Tll9ARP . .	'
1	...	ORDER APPOINTING THEBOA.RD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	·  LETIEROFNOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RaEASETO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT T.IME OF PERSONAL APPEARANCE
TAPE RECORDING OFPERSONAL APPEARANCE  HEARING
APP!JCAN!''SISSUE AN.D THE BOARD'S DECISIONAL RATIONALE ARE DISUSSED ON THEA1TACHEO A.IR. FOR.CB DISCHARGE REVIEW BOAltD DECISIONA.L RATl.ONALE•
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)

-

TO:	FROM:
SAF/MRBR	SECRETARY Ol1TH&AIR FORCEPERSONl«!LCOUNCIL

550 C STREETWEST,SUITE 40

AIR !'ORCE DISCWJ!G& R&VJEWBOARD
JS)S COMMAND OR, EE WING, JRD FLOOR
RANDOLPH AFB, TX 78!50-4742	ANDREWS A"8, MD l07Q..7ll01

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition'will be used

AIR FORCE DISCHARGE R.EVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00171	
- -  -
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 servie 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    ata 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 appiicant's discharge.

DISCUSSION: The Air Force Discharge Review Boar.cl, 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: one Article 15; five Letters of.Reprimand ; and three Records of Individual Counseling.  His misconduct included: found missing during a health, morale, and welfare check in the dorm room; disobeying a direct order given by a non-commissioned officer and violating Air Force Instruction (AFI) 36-2903, Dress and Appearance standards, by wearing a tongue ring; failing to complete homework assignments; being caught sleeping druing self-study; failing to go at the time prescribed to appointed place of duty; reporting to work without mobility bag and after given the opportunity to go home and retrieve bag, he returned without all the necessary items; missing required items from mobility bag; willfully violating AFI 32-6005, section 5.4, by having a turtle as a pet in his dorm room; and willfully driving an.uninsured vehicle.·

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.  He claims that his non-judicial punishment show minor if any reprimands. The DRB opined that, tJ:irough the administrative actions taken, the applicant had ample opportunities to change his negative behavior. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in bis 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 re\riew 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 an 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 determines the discharge should remain unchanged.	

)
Attachment:
Examiner's Brief

I