AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
^NAME ^OF ^SERVICE ^MEMBER ^(LAST,FTRST ^MIDDLE ^INITIAL)	GRADE	^AFSN/SSAN
_FOIA _Exception _(b) _(6)	FOIA Exception (b)(6)
^TYPE ^GEN	x	_I	^PERSONAL ^APPEARANCE	_I	^RECORD  ^REVIEW
^NAME ^OFCOUNSEl-Al'D ^OR ^ORGANIZATION	ADORtSS AND OR ORGANIZATION OF COUNSEL.

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x

FOIA Exception (b) (6)

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^MEMBER  ^SITTING	HON	GEN	UOTHC	OTHER	^DENY
x x x x
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^i   ^ut:S	_A94.53	INDEX NUMBER	_A67.10	_..&	SUBMrrrEI) 1l1(J THEJIUARJ)	_'
^ORDER ^APPOINTING ^THE ^BOARD
APPLICATION FOR REVIEW OF DISCHARGE
3 ^LETIER ^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 HEARING

ll[ARINC DATE	CASE NUMBER

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^19 ^Nov ^2014	FD-2014-00103

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Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and theright to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's request.

-FOIA Exception (b) (6)	_IFOIA _Exception _(b) _(6)

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lNDi!!:MENT

^DATE: IJ/5'2014   ._._	_3

TO:	^FROM:
_SAF/MRBR	SECRETARY OFTIIE AIR FORCE PERSONN EL COUNCIL
AIR FORCE DISCHARGE R£VJ£W BOARD

550 C STREET WEST, SUITE 40

ISJSCOMMAND DR,[.E WING. JRD FLOOR

RANDOLPH AFB, TX 78150-4742	^ANDREWS,HQ, ^MD ^207,2-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2014-00103

GENERAL: The applicant appeals for upgrade of discharge to Honorable.

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 19 November 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.
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 Article 15, one Letter of Reprimand, and two Records of Counseling. His misconduct included resisting arrest, driving on base with a suspended license, dereliction of duty, and failure to go on time.

The applicant presented no issues regarding the inequity or impropriety of his discharge. The applicant does believe he deserves a second chance despite his discrepancies so that he may get a better job to provide for his family. No inequity or impropriety in his discharge was suggested or found in the course of the hearing. The Board concluded that the applicant's characterization of service was appropriate, based on his misconduct.

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, reason for the discharge or the reenlistment code.

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