AIR FORCE DrSCHARCE REVIEW BOARD HEARING RECORD

NAME OF SERV ICE i\IEMBER (LAST, FIRST WDDLE IN ITIAL)

GRA DE

X	RECORD REVIEW

AFSNISSA

1-- c_ou "s_t:1_ ._-I NA I E OF COUNSEL AND OR ORGANI ZATION
\'ES	No
x

MEMBER SITTING

ADDRESS ANO OR ORGANl7..ATION OF COllNSEI.

VOTE OF THE BOARD

^HON	uEN	^UO'IHC	^O'IHER

Dt:NY

x x x x
x

I SSUES

A94.55

INDEX /\UIBf:R

A67.30

EXlllBITS SUBl\ll'ITED TO Tl-IE BOA!lD
ORDER APPOINTING Tl IE BOARD
2    APPLICATION  FOR REVll·W OF DISCH1\RGE
3  LETrER OF NOTI FICA flON
4 BR IEF OF PERSONNEi. FlLE
COUNSEL·s RELEASETOTllE BOARD
ADDITIONAL FXI1181TS SUBMllTED AT TIME OF
PERSONAL APPEARANCE
·1APE RECORDING OF PFRSONAL APPEARANCE IIEARING

II(,\ RINC OATE	

^J ^S ^Oct ^20 ^14	.FD-2014-00624
APPLICANTS ISSlT A'\DTHE BOARD'S DECISIONAi. RATIO\IALF ARE DISCUSSED ON TllE ATTA('llED AIR FORC'E DISCH,\RGE REVIEW BOARD DECISIONAL RATIO\IALE.

Case heard  in Wash ington, D.C.

Advise appl icant of the decision of the Board, the right to a persona l appearance wi th/without counsel, and the right to  ubm il an applicat ion to the AFBCMR .

Names and votes will be made availa ble to the applicant at t he applican t ·s request.

TO:

SAF/MRBR
550 C STREET WEST, SUITE -IO RANDOl.Pll AFB. ·1 X 78150--17-12

INl)ORSEMEN'r

FRO!:

DATE:   10/21/20 14

tCttt;IAH\' (U Itit A IH tOKCt: t't..KSOSi\t:l.. COl' (l l
AIR FORCF. DISCllARCE RE\IE\\ BOARD 1:-3 COMMAND UH, t:t:\\ lk'G,.Hm t LOOH A ORf.\\'SAt"B,"10 l076l·7001

AFHQ FORM 0-2077, .J AN 00

( EF-V2)	^Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASf.NUMBf. R

FD-2014-00624

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

The applicant was offered a personal  appearance before the Discharge Review Board (ORB) 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 d ischarge.

FINDING:  The Board denies the upgrade of the discharge.

ISSUE: Applicant received a General discharge for Misconduct - comm ission of a serious offense.

The Air Force Discharge Review Board, u nder its responsibi lity 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 wananted. In reviewing discharges, the Board presumes regularity in the conduct of governmental affairs unless there is substantial credible evidence to rebut the presumption, to i ncl ude evidence submitted by the appl icant. The Board did complete a thorough review of the circu mstances 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 A1ticle 15, and three Letters of Reprimand. H is misconduct includ ed; failure to pay just debt, failure to abide by verbal agreement with land lord, failure to pay rent and having an affiliation with a motorcycle club known for criminal activity.

The applicant contends his discharge was inequitable because i t was too harsh and based  on one chain of events during his six years of time i n service.  The applicant also contends that he suffered from PTSD after serving a tour in Afghan istan, which led to him making poor decisions.   Upon review, i t was found that the member did not prov ide any documentation  regarding the claim of PTSD.   The applicant had  several incidents of misconduct which  led to administrat ive actions taken against h im .   The Board found the seriousness of the wi llfu l  misconduct  offset  any posi tive aspects of the applicant's duty perfonnance.   The Board  relies on the presumption  of regulari ty and  finds the characterization  for discharge was appropriate. The Board  found  no evidence of impropriety or inequity to warrant  an upgrade of the discharge.

CONCLUS ION: The Discharge Review Board concludes that the d ischarge  was consistent with the procedural and substanti ve requi rements of the discharge regulation and was wi thin the discretion of the discharge authori ty and the applicant was provided full administrative due process.

In view of the foregoing findings, the Board fu11her concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remai n unchanged.

Attachment:
Examiner's Brief