AIR FORCE DISCHARGE REVIEW BOARD HEARlNG RECORD

NAME OF SERVICE MEMBER (LAST,FfflST MlDOLE INITIAL)

PERSON AL  APPEARANCE
COIJNSt:L	NAME OF COUNSEL AND OR ORGANIZATION 1	1
YES	No
x

GRAOE	AFSN/SSAN

RECORD REVIEW
ADORESS ANO OR ORGANIMTION OFCOUNSEL

VOTE OF THE ROARO

MEMBER   SITTING	HON

GEN

UOTllC

OTHER	DENY
x x x x
x

ISSLES

A94.Jl

INDEX NUMBER

A67.10

EX1H8ITS SUBMITTED TO THE BOARD
ORDER APPOINTlNG THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
LETrER OF NOTlrJCATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HF.ARING DATE	CASE: NUMBER

25 Sep 2014	FD-2013-00189
APPUCANrs ISSUE ANO THE BOARO·s DECISIONAL RATIONALE ARE DISCUSSED ONTHE i\HAGHW MR FORC£DISC111\R0ll RBVIEW HOARD D0St0NALRA1 IONAL,E.

Case heard in Washington , D.C. via Video-Teleconference from Travis AFB, CA

Advise appl icant of the decision of the Board , and the right to submit an appl ication to the AFBCMR. Names and votes will be mad e available to the applicant at the applicant's request.

SAF/MRBR
550 C STREET WEST, SUITE 40
RANDOLPH  AFB,TX 78150-4742

NDORSEME NT

FROM:

ATE:   10/1612014

S&CRETARY OFTl1t:, AIR FORCE PERSONl\EL COUNCIL Alli ..ORCE. DtSCllARGE REVIEW BOARD
1535 COMMAND DR,EE WING,JRD t'LOOR ANOREWS AFB, MO 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00189	

GENERAL: The appl icant appeals for upgrade of discharge to honorable .

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, via video teleconference between Andrews AFB Maryland and Travis AFB California on 23 Sep 2014.

The following additional exhibits were submitted at the hearing: Exhibit # 5: Applicant's Contentions

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.

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 two Article 15s and a Letter of Reprimand. The Letter of Reprimand was for failure to go to Nuclear, Biological and Chemical Warfare training. The first Article 15 was for failure to go to duty on time on two separate occasions; violation of a no contact order; disrespect to a senior non-commissioned officer; and disrespect to a non-commissioned officer. He was demoted to airman as a result. The second Article 15 was for failure to complete required leave paperwork prior to departing  for leave. This offense resulted in demotion to airman basic. After a review of the record in its entirety, the Board concluded the applicant's contentions were unsubstantiated and the discharge was appropriate for the reasons cited in the record.

Issue I. Applicant contends his discharge was inequitable due to poor management  and  improper supervision. He submitted screenshots from Facebook  to indicate there was "some degree of harassment" that led to his discharge. In the Facebook comments, the applicant is asked if he was still bitter by a female who knew the circumstances of his discharge. He also submitted a character letter that  supported  his contention that the applicant may have been unfairly targeted. The record indicated the applicant received legal counsel and opted not to submit statements. After reviewing the entire record, the applicant's written and verbal testimony, and the evidence submitted by the applicant, the Board found  insufficient  evidence that the applicant was treated unfairly by his supervisors. The Board concluded the  misconduct  of the applicant appropriately characterized his term of service.

Issue 2. Applicant contends his discharge should be upgraded so that he can use his GI Bill.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366) on 24 Feb 2004 that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.	

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and 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