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Case heard  i n  Wash ington,  D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and  the right  to subm it an applica t ion to the AFBCM R.

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00425	

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:  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 perti nent standards of equity and propriety. The Applicant's record of service included one Article 15, three Letters of Reprimand , one Letter of Counseli ng and two Records of Counseling. Applicant's misconduct included failing to go to duty on time on divers occasions; making false official statement (2x's) to an officer and  NCO  with  intent  to deceive; failure to go to training, failure to go to duty and failure to notify leadership; failure to go to duty and failure to notify supervisor and failure to report to physical traini ng the next morning and committing adultery.

The 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 November  15, 2000) that he understood he must receive an Honorable discharge to receive future educational entitlements.  The Board was sympathetic to the impact from the loss of these benefits to the applicant; however, this is not a matter
of inequity or impropriety which would warrant an upgrade.

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.

CONCLUS ION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substanti ve 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