(b) (6)

(b) (6)

(b) (6)

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00175	

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: 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: two Article 15's, one Vacation of Suspended Non-judicial Punishment, and one Letter of Reprimand. His misconduct included being ·found in a compromising position by a Senior Non-Commissioned Officer and losing position control over a third country national allowing him to exceed the 50 foot radius; damaging military property by forcefully pushing a rolladens ·open while being drunk; failing to take the proper steps to ensure the correct amount of pay was received after returning from a deployment.

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 Infractions. The applicant contends the discharge was inequitable because his Non-Commissioned Officer In Charge had a personal issue with .him, and that there was an inability to understand the severity of the discharge due to youth and coping with life adjustments. The Board opined that the applicant was no younger than the vast majority of first-term members who properly adhere to Air Force standards of conduct. The DRB concluded that the characterization of the applicant's service was appropriate due to the misconduct and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

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 ju.stify 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