AIR FORCE DISCHARG E REVI EW BOARD HEARING RECORD
NAM £ OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRA DE
(b)(6)
TYPE GEN	I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW 	
COUNSEL	NAME OF COUNSEL ANO OR ORGANI ZATION	ADDRESS AJ\1> OR ORGANIZATION OF COUNSEL
YES	No
x
VOTE OF THEBOARD
M EMBER SITTING	HON	GEN	UOTllC	OTHER	DENY
(b)(6)	x

x x x x
ISSUES	A67.10	lNOt:X NUMBt'.R	A94.53	EXHIBITSSUBMITTED TO THE BOARD
I ORDER APPOINTING THE BOARD
2	APPl.ICATION  FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARfNG

HEARING DATE	CASE NUMBER

19 May 2015	FD-2015-00023
APPLICANl''S ISSUllAND 1llEeoARD·s DECISIONAL RATIONALE ARE DISCUSSED ON11IEATTAOtEDAIR FORCE DISCHA.RGe R.EVIEW BOAIW DECISIONAi. RATIONALE .

Case heard in Wash ington, 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 appl ication to the AFBCMR.

(b)(6)

		
TO:	
SAF/MRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB, TX 78150-4742	FROM:	
SECRETARV OF' THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535  COMMAND  OR. EE  \VlNG,  lRD FLOOR AllDREWS AFB, MD 20762-7001		
AFHQ FORM 0-2077,JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NU MBER

FD-2015-00023	

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

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, and change of reason and authority for discharge is denied.

The Board finds  that neither the evidence of record nor that provided by the applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:  The applicant received a General discharge for Misconduct -Minor Disciplinary  Infractions

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 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 one Letter of Reprimand for being arrested for public intoxication by civil authorities, one Article 15 for failing to go to duty on time on divers occasions, and driving a POV while in Phase 1 training, and one Letter of Counseling.

The applicant stated he was told his discharge would automatically be upgraded.  The Board noted the issue was common result of miscommunication , at the time of discharge, when the applicants are briefed that their discharge will automatically be upgraded after six months.  While a discharge may be upgraded after six months, the upgrade is by no means automatic.  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 or reason for the discharge.

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