AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

'1AME OF SERVICE MEMBER (LAST, FIRST MIDDLE JNJTlAL)

GRAOE	AFSN/SSAN

_"YPE _GEN	PERSONAL  APPEARANCE	_x	RECORD REVIEW
^NA\{£ ^OFCOlfNSEL ^Al'ID ^OR ^ORGA.'117.ATION	ADDRESSAND OR OltCANIZATION or COUNSEL
YES	No
x

MEMBER SITTING

HON	OEN	UOTHC

OTHER	^DENY
x x x x x

mSSUES

A94.53

INDtX NUM8£R

A67.10

1 ORDER APPOINTING 11I E BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETIER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TOTHE BOARD
ADDmONAL EXHIBITS SUBMITTED AT TIME Of PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARJNC DATE	^CASt  ^NUMRtR

05 Nov 2014

FD-2014-00198

Al,. RA,Tl<JNAU!.

Case heard in Washington, D.C.

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

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

TO:

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

-··-	     DATE:  l.ln/l...t ·
FROM:
Sf CIU'TAJIV Ot'Tll E AIR FORCt: PtK!JON EL COUNOL AIR fORCI: OISCHARCE REVI EW BOARD
I SJSCOMW'IO DR, [[WING, JRD fLOOR
ANDREWS Afll. MD!0761-7'01

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

CASE NUMBER

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE       _FD-2014-00198

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.

ISSUE:  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 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 records indicated the applicant received one Article 15, six Letters of Reprimand, one Letter of Counsel, and three Records of Counsel. His misconduct includes disobeying a direct order, making a false  official statement to a SNCO, harassment of an Airman, sleeping on duty, failure to go, lack of respect for chain of command and inability to communicate effectively.

Applicant submitted no issues regarding the inequity or impropriety of his discharge. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on December 7, 1998) 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