AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OFSERVICE MEMBER (LAST, FIRSTMIDDLE INITIAL)	HEARING DATE	CASE NUMBER
(b}(6}	2016-12-01	FD-2016-
00172

TYPE . - - - - ...	:EERSONAL APPEARANCE	x - - -- - _NON-PERSONAL APPEARANCE - - - -	- - -
COUNSEL	NA-\1E OFCOUNS&I. ANO OR ORCANIV.TION	ADDRESS ANDOR ORGANIZATION OF COUNSEL
Yes	No

MEMBER SITTING	VOTE OF THE·BOARD	. .   •,

...

HON.	GEN	UOTHC	OTHER	DENY
(b}(6)	x
x x x
x

ISSUES	INDEXNUMDER	ExHIBITSSuBMrrrE T_ >'THE BOARD .	:
1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETIER OF NO"f!FICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THEBOARD

·.		ADDmONAL EXHIBITS SUBMITTED ATTIME OF  PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAi.BARE DISCUSSED ON THB ATfACl;!l!D AIRPOl\CI! DISCHAl\01!lUMEW BOAl\D DECISIONAL RATIONAl.B.
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 OF THEAIR FORCE PERSONNE:I. COUNCii.

SSO C STREET WEST,SUITE 40

AIR FORCE DISCHARGE JtEVIBW BOARD
153' COMMAND DR, llE W!NG,31\D FLOOR
RANDOLPH AFB, TX 78150-4742	ANDREWS AFB, MD 2t76:Z.7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00172	

GENER.AL: The applicant appeals for upgrade of discharge characterization to Honorable.

.The applicant was offered 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 inj.ury 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 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 ifsuch 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 applicant's record of service included:· one Letter of Reprimand; two Letters of Counseling; and one Letter of Admonishment. His misconduct included: wrongfully using marijuana; assaulting a fellow airman in the workplace; having an unauthorized overnight guest in government quarters; and failing to report to an appointed place of duty at the prescribed time and lying to a non­ commissioned officer.

The Board compieted 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  - Conduct Prejudicial to Good  Order and Discipline.	The applicant contends the discharge was improper on the grounds of an error of fact, law, procedure, or discretion . occurred, and the error was prejudicial to the veteran during the discharge process.   He also feels that the discharge should be upgraded on the grounds of equity based on his quality of service, or his capability to serve:  He states that ifthese acts were wrongdoings, it was not reflected in his evaluations.  After the Board reviewed the entire record, they found no evidence of impropriety or inequity to warrant an upgrade of the discharge.  The DRB took note of the applicant's duty performance as documented by his performance reports, letters of recommendation and other accomplishments.   They found the seriousness of the willful misconduct offset any positive  aspects of the applicant's duty performance.	The Board concluded  the discharge was appropriate for the reasons which were the basis for this case.

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.	

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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 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