AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER {LAST, FTRST MIDDLE INITIAL)

GRADE	AFSNJSSAN

X	RECORD REVrEW
ADDRESSAND OR ORCANIU\TION or COUNSEL

MEMBER SITTING

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GEN	UOTHC

OTHER	DENY
x x x
x
x

ISSllES

A94.S3

INDtx NllMBEll

A67.30

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTJFICATION
4 BRIEF OF PERSONNEL ALE
COUNSEL'SRELEASE TO THEBOARD
ADDITIONAL EXHIBITS SUBMITTED ATTIME OF
PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CAS NUMBt R

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04 Sep 2014	FD-20 14-00139

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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 AFBCMR.

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

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

SECRETARY Ol1THEA11l FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1536 COMMAND DR, Etl WING, JRD FLOOR
ANDREWS AFB, MD 20762·7GO I

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00139	

GENERAL:  The applicant appeals for upgrade of discharge 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.

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: Applicant received a General discharge for Misconduct:  Commission of a Serious Offense

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 Records of Individual Counseling, four Letters of Reprimand, and one Article 15. His misconduct included missing work due to being held in a civilian detention center, dereliction of duty, failure to go to duty and being unreachable for five days, failing to be on standby, failure to go to annual PHA, being late to a mandatory formation, failure to pay GTC on time, and assault by shoving a civilian to the ground.

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  In addition to his application, the applicant submitted documentation from the Department of Veteran's Affairs denying his claim for educational benefits. The Board was sympathetic to the impact the loss of these benefits may be having on the applicant, but this is not a matter of inequity or impropriety.  The Board found that the seriousness of the willful misconduct offset any 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.

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.

Attachment: Examiner's Brief