AIR FORCE DISCHARG E REVIEW BOARD HEARl NG RECORD
NAME Of SERVICE MEMBER (LAST.FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE   GEN	I	PERSONAL   APPEARA NCE	x	I	RECORD    REVIEW
COUNSEL	NAME OFCOUNSEL ANO OR ORGANIZATI ON	/\DORESSAi'D OR ORGAl'IZ/\TIONOF COUNSEL
V£S	No
x
VOTE OFTHE BOA RD
MEMBER   SITTING	HON	GEN	UOTHC	OTHER	DENY
(b) (6)	X #*

X #*

X #* X #*

ISSUES	A94.53	INDEX  NLMBER	A49.00	EXHIBITS SUBMITTED TO THEBOARD
1	ORDER APPOINTCNG  THE BOARD
2	APPLICATION FOR REVIEW OF DISCI IARGE
3	LETIER OF NOT!FJCAT!ON
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EX!!!BITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X #*

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NU:>!BER

09 Jul 2015	FD-2012-00256
APPLICANT'S ISSUE AND nu: BOARD'S DECISIONAL RATIONALE ARE DISCUSSED ON 11£ AlTACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

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 subm it an appl ication to the AFBCMR .

#	arrative

* RE code

(b) (6)

JNDORSEMENT	DA TE:    7115/2015
TO:	PROM:
SAF/MRBR	SECRETARY OPTHE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGEREVIEW BOARD
550 C STREET WEST.  SUITE 40	ISJS COMMAND DR,EE WING, 3RD FLOOR
RANDOLPH AFB, TX 78150-4742	ANOKEWS t\f'B,MU ?0762-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2012-00256	

GENERAL: The applicant appeals for upgrade of the discharge to Honorable, change of reason and authority for discharge, and change of 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 denies the upgrade of the discharge, change of reason and authority for discharge, and change of reenlistment code.

ISSUE: The applicant recei ved a General discharge for Unsatisfactory Performance - Failure to progress in military training

The Air Force Discharge Review Board, under its responsibi l ity 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 Board completed a thorough review of the circumstances that led to the discharge and the discharge process to ensure the discharge met the pertinent standards of equity and propriety. The applicant 's record of service included three Letters of Reprimand and one Letter of Counseling. His misconduct included being unprofessional to a class leader; disobeying  regulation  by chewing tobacco; failure to make note cards; submitting another person 's note cards as his own; dereliction of duty, by allowing two female airmen to enter a male airman's dorm room.

The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he would like to join the Air Force Reserves.  The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance . 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 the applicant and the Board can establish 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 , reason for the discharge or 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.

Inview 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