(b) (6)

(b) (6)

(b) (6)

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00189	

GENERAL: The applicant appeals for upgrade of discharge characterization to Honorable 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 or change to his reenlistment code.

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: one Article 15 and four Letters of Reprimand. His misconduct included assaulting a law enforcement officer, refusing to step aside and allow a law enforcement officer to investigate, failing to follow the posted speed limit in a government-owned vehicle; becoming involved in a verbal/physical altercation with several personnel; and failing to report to mandatory physical training.

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 improper because it was based on a single event, and inequitable because the discharge was based on an event for which disciplinary action was never received. After review of the applicant's record, the DRB found that the applicant had received disciplinary action for the event involving law enforcement and that the applicant had served five years and nine months before the discharge was initiated. However, the board concluded that the applicant's pattern of misconduct outweighed the positive aspects of his time in the Air Force. The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

A discharge is upgraded only if it is establi.shed 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.

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