0. - M       ---- • --.

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b) (6)	HEARING DATE
2016-12-01	CASE NUMBER FD-2016- 00184	
TYPE		PERSONAL  APPEARANCE	x	NON-PERSONAL   APPEARANCE	
:i'.R¢f:i.	$:Jp:-::
Yes	No	NAME OFCOUNSEL. AND OR ORCANIZATION	ADDRESS AND OR ORCANIZATION OF COUNSEL	

ME;MBER  SITTING

(b) (6)		·. •·.. : ··:.	
		HON	GEN	UOTHC .	OTHER	DENY	
						x	
						x	
						x	
						x	
						x	
							
ISSUES	INDl!:X NVmER	·.:. ..  .. ".
..	.... .,	
		1	ORDER APPOOOING THE BOARD	
		2	APPLICATION FOR REVIEW OF DISCHARGE	
		3	LETTER OF NOTIFICATION ·	
		4	BRIEF OFPERSONNEL Fil.E	
			COUNSEL 'SRELEASE TO THE BOARD	
			ADDmONAL EXHIBITS SUBMITIED AT TIME OF PERSONAL APPEARANCE	
			TAPE RECORDING OF P!3RSONAL APPEARANCE HEARING	

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 AFBC1Y.1R.	·

,(b) (6)

SICNATURE OFBOARD PRESIDENT	·DATE;1211S/2016	
TO:
SAF/MRBR
550 C STREET WEST, .SUITE 40 RANDOLPH AFB, TX 78150-4742	FROM!
SECRETARY OF1)1B AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
" 1535 COMMAND DR,EE WING,3RD FLOOR
ANDREWS AFB,MD 20762·7001	
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used

CASE NUMBER

FD-2016-00184

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

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.	·

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 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 Article 15s; three Vacations of Suspended Non-judicial Punishment; six Letters . of .Reprimand; two Letters of Counseling; . one Letter of Admonishment; and one Record of Individual Counseling. His misconduct included failing to refrain from using government travel card for other than official purposes; leaving appointed place of duty without authority (2x); failing to go to appointed place of duty (12x); failing to return to duty after an appointment; being disrespectful towards a non-commissioned officer,· and making false official statement to the propulsion.shop Non Commissioned Officer In Charge.

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 cited his desire to receive the G.I. Bill benefits as justification 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 (eight) 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 Department of Veteran Affairs · education benefits; however, this is not a matter of inequity or impropriety which would warrant an upgrade

After a thorough review of the record, the Board found no evidence to justify an upgrade of the discharge characterization. A discharge is upgraded only if it is established that an inequity or impropriety took place atthe 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 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 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