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AIR FORCE DISCHARGE REVIEW BOARD BEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL APPEARANCE

GRADE	AFSN/SSAN

RECORD REVIEW

x	(b) (6)

MEMBER SITTING

ADDRtSS AND OR ORC4N12.ATION OFCOUNSEL

HON	GEN	UOTHC

OTHER	DENY
X+* X+*
X+* X+*

ISSUES

A66.00

INDEX NU WER

A66.00

l ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LEITER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X+*

HEARING  DATE	CASE NUMBER

TAPE RECORDING OF PERSONAL APPEARANCE HEARING

21 Nov 2014

FD-2013-00806

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Case heard in Washington, D.C.

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Advise applicant of the decision of the Board and the right to submit an application to the AFBCMR. Names and votes will bemade available to the applicant at the applicant's request.
*Change narrative reason and authority to secretarial authority
+Change reentry code

TO:

SAFIMRBR
550 C STREET WEST,SUITE 40
RANDOLPH AFB,TX 78150-4742

I    I ; f )• ( 'i• 1, 1 '. " t	•     f	'	' J 11 '	"	•

FROM:
SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
IS35 COMJllAND DR. EE WI.NG, 3RD FLOOR
ANDREWS Al'B,MD 29762·7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00806	

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

The applicant  appeared  and testified before the Discharge  Review Board  (DRB), with  counsel, via video teleconference between Andrews AFB Maryland and Randolph AFB Texas on 21 Nov 2014.

The following additional exhibits were submitted at the hearing: Exhibit#: Applicant's Contentions
Exhibit#:   Character  reference  letters  including  employment   information   (Certificates,   appraisal, certifications)

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

After a review of the record, the Board unanimously voted to deny the reliefrequested as discussed below.

FINDING:	The Board denies the upgrade of the discharge and the change of reason and authority for discharge, and change of reenlistment code.

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 Air Force Discharge Review Board, under its responsibility to examine the propriety and equity of an Applicant's discharge, is authorized to change the character 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 did complete 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 Article 15 for underage drinking and one Article 15 for drug use.

Issue 1. Applicant contends that his discharge was too harsh.

Issue 2. Applicant contends he was young, immature, and peer pressure lead to the drug use.

Issue 3. Applicant contends his positive post-service conduct demonstrates his true character and should be considered in determining his discharge characterization.

Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received two Article 15s, one of which was for drug use which he was ultimately discharged for. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The DRB took note of the applicant's positive duty performance as documented by his letters of recommendation and other accomplishments. Although the applicant participated in an extremely demanding career field with a very high wash-out rate, the Board nevertheless concluded that the negative
aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. The characterization of the discharge received by the applicant was found to be appropriate. The applicant contends that he should not be penalized indefinitely for a mistake he made when young. The DRB	

 	

recognized the applicant was 20 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board concluded the discharge was appropriate for the reasons which were the basis for this case. The DRB was pleased to see that the applicant was doing
well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded the misconduct of the applicant and subsequent discharge appropriately characterized his term of service.

The Board highly recommends that if the applicant feels there is an error or injustice specifically with his right to consult counsel at the time of discharge and/or he felt he could have meet the retention criteria under the AFI but was prevented from contesting his discharge, he should consider submitting an application with the AF Board for Correction of Military Records (AFBCMR).

Attachment: Examiner's Brief