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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OFSERVICE MEMBER (LAST, FJRST MIDDLE INITIAL)	GRADE

(b) (6)
TYPE  GEN	I	PERSONAL APPEARANCE	x	I	RECORD REVIEW
?.:_:C()Rl'f i;,·::·: .NAME OF COUNSE·L AND OR ORGANIZATION	ADI>RESSAND OR ORCANJ:UTION o;COUNSEL
YES	No
x

MEMBER SITTING

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HON .	GEN	UOTHC	OTHER	DENY

(b) (6)	x
x x x
x
ISSUES	A94.S4	JNOEX NUMBE R	A67.90	..	!JS Iml\fJ:rnP,.·'l'.-g,T	!JR.::·_· • :}-.,J
1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LEITER OFl\OTrFICATION
4 BRIEF OFPERSONNEL FILB COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING
HEARING DATE	CASE ll'UMBER

27 Sep 2016	FD-2016-00058

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Case heard inWashington, D.C.

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Advise applicant of the decision of the Board, the ·right to a personal appearance with/without counsel, and the right to submit an application to.the AFBC.MR.	•

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(b) (6)	/"'

		
TO:	SAFIMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX78150-4742	I'ROlf:	
S&CREl'ARY 01THE AIR FORCEPERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOA.RD
1535 COt.'IAND DR, EEWING,    RD FLOOJt
ANDRtWSAFR , MD 2076l-7otl	

.. .. .. .,.

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

 	

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2016-00058	

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 cqntains 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.

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 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: two Letters of Reprimand; four Letters of Counseling; and a Summary Court-Martial: Her misconduct included: violating dress and appearance standards and continuing to violate standards after being corrected; being absence without  being on  leave; showing insubordinate conduct towards a Noncom.missioned officer; failing to obey an order; failing to go to the gym as instructed; failing to show up prepared for an appointment; failing to pay attention inclass; arriving late for squadron formation; failing to obey a. lawful order; fleeing apprehension by an armed forces policemen; operating a vehicle in a reckless manner by driving at a high rate of speed; and stealing a wristwatch, of a value of about $31.95 from the Base Exchange.

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 received a General discharge for Pattern of Misconduct - Conduct Prejudicial to Good Order and Discipline. The applicant submitted no issues regarding the equity or propriety of her discharge. The applicant claims that she believes that she would have been able to stay in the military if she was willing to wait a few months to attend another technical school for retraining. She also stated that she felt she made the best decision she could at that time being young and naive as she was. After review of the record, the Board found that, through the administrative actions taken, the applicant had ample opportunities to change her behavior. They found the seriousness of the willful misconduct offset the 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 it is established that an inequity or impropriety took place at the time of discharge. After athorough 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 on her discharge. Additionally, the Board found no evidence to justify an upgrade of the discharge characterization.	

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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.
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Attachment: Examiner's Brief

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