(b) (6)

(b) (6)

(b) (6)

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER"··.

FD-2016-00238	

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 th applicant's dischai:ge.	·

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 Special Court Martial; two Letters of Reprimand; and one Record of Individual Coun_se1ing. His misconduct included failing to refrain from having weapons in ·dorm room; willful damage by breaking a mirror of a value less than $500; wrongfully using provoking words (2x); drunk and disorderly by banging a bayonet and breaker bar  on  a  railing  of  a building;  orally  communicating  to  a fellow  Airman  threatening  language;  being
. apprehended by local authorities for assaulting a British national, female; driving under· the influence of alcohol; and failing to report to duty on time.

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 ....:.. Commission of Serious Offense. The applicant contends the discharge was inequitable because he was misled about the repercussions of receiving an "Other Than Honorable Discharge."  The DRB opined that, through the administrative actions taken the presumption of regularity exists between the member and the Area Defense CounseL 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 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 discharge. Additionally, the Board found no evidence to justify an upgrade of the discharge characterization, change of reason and authority for the discharge, or change to the reenlistment code.

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:
·	Exartiiner's Brief  ·

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