AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD	
NAM£0f SERV ICE i\1£i\IU£R (L \ST, FIRS'IMIDOLI:: INITIAL)
(b) (6)	GRA0£	
TYPE GEN	I	PERSONAL     APPEARAl"iCE	x	I	RECORD    REVIEW	
COUNSEL	,\ME or COL'NSEL,\NO OR ORCAN17.ATION	ADDRESS AND OR ORCANl7 \ TION OF COU 'SEL	
YES	No			
	x			

MEMBER SITTING	\'OH:Of.'THI!: BOA llO	
	It ON	GEN	UOTllC	ont ER	DENY	
(b) (6)						x	
						x	
						x	
						x	
						x	
ISSllt S	A94.53	IND[). lt  UH:R	A67.30	EXIIIBITS SUBMITTEDTO THE BOARO	
			1	ORDER APPOINTING Tll E BOARD	
			2	APPLICATION FOR REVIEW OF DISCHARGE	
			3 LETTER OF NOTIFICATION	
			4	BRIEF OF PERSONNEL FILE	
				COUNSEL'S RELEASE TO TlIE BOARD	
				ADDITIONAL EXII!BITS SUBMITTED AT Tll\1E OF PERSONAL APPEARANCF	
				TAPE RECORDll\'G OF PERSONAL APPEARANCE IIEARING	

l l f:ARl .l\C l),\TE

07 Apr 20 JS	{ A$t-:. llMHER

FU-2014-00755			
APPLICANTS ISSl'E AND me llOARD'S DECISIO'IAL RATIONALE ARF DISCllSSED ONTllE A fTA('llf'D AIR FOR.CE OISCHAAGE  EVIEW BOARD Df<'ISIO'IAL RATIONALE.	
Case heard in Washi ngton, D.C.

Advise appl icant of the decision of the Board , the right IO a personal appearance with/without counsel, and t he righ1 to submi t an application to the AFBCMR.	

(b) (6)

INOURSEMENT

DATE:  5/8/2015

TO:

FROM:

SAF/MRBR
550 (' STREE"I\Vl:ST, SUITE -10
RANDOi Pit AFR TX 7R 150-4742

SECRHARYOFTll E AIR FORCE PERSONNEL COUNOL
AIR t'ORCE DISCHARGE RE\'IE\\ BOARD 1;.1;co.\IMA D DR. EE \\ INC. JRD n.OOR
ANORt ws AfB.,\lo 20762-700 I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE   L':'llBER

FD-2014-00755	

GENERAL : The applicant appeals for upgrade of discharge to l lonorable.

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.

ISSUE: The applicant received a General discharge for Miscond uct - Commission of a Serious Offense (Civilian conviction)

The Air Force Discharge Review Board, under its responsibil ity to examine the propriety and equity of an applicant 's discharge, is authorized to change the characteri zation 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 failure to comply with dormitory duties (3x), falsifying a dormitory duty log sheet and being arrested for criminal property damage to 16 victi ms' properties with a BB-gun.

The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The ORB noted that when the appl icant applied for these benefits, he signed a statement (DD Form 2366, on February 20, 2008) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter of ineq uity or impropriety which would warrant an upgrade.

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.

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 administrati ve 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