AIR FORCE DISCHAR GE REVIEW BOARD HEARJNG RECORD
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(b) (6)

TYn  GEN	_I	^PERSONAL     ^APPEARANCE	x	_I	^RECORD    ^REVIEW
^COUNSEL	^NAME ^Of ^COUNSEL ^AD ^OR ^ORCANl7.ATl ^0)1	ADDRESS AND OR ORGANIZATION OF COUNSEL
^YES	No
x
VOTE OFTHE BOARD
^MEMBER ^SITTING	HON	GEN	UOTHC	OTHER	^DENY
(b) (6)	_x
x x x
x
ISSUES	_A94.55	INDEX NUMBER	_A67.50	EXIIJBITS SUBMJTfEO TO TllE BOARD
1 ^ORDER ^APPOINTING ^THE ^BOARD
^APPLICATION ^FOR ^REVIEW ^OF ^DISCHARGE
^LETIER ^OF ^NOTIFICATION
^BRLEF ^OF ^PERSONNEL ^FILE COUNSEL'S RELEASE TO Tl IE BOARD
ADDITIONAL  EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE
TAPE KECOKDING Of PERSONAL APPEARANCE HEARING

H EARINC DATE	^CASf. ^NUMBER

^01 ^Apr ^20 ^15	FD-2014-00695
APPLICANT'S ISSUE ...'.IDTHEllOAAIYS DECISIONAL RATIONALE ARt DISCUSSED ON THE ATfACH.t;;D AIR FORCE OISCHAl\Gll R.l;VI IJQARO DECISIONAL RATIO'IALE.

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 application to the AFBCMR.

(b) (6)

!NDORSEMENT | | DATE: 4127/2015

TO:

SAF/MRBR
550 (' STRF.F.T WEST, SUITF 40
RA"iJDOLPH AFB. TX 78150-4742

FROM:

SECRETARY Of THE AIR. f0RC'£ P&RSOSN£L COUC'll..
AIR FORCE DISCHARGE REVIEW BOARD 15.JS COMMA..'ID OR. l:E  WJNC. JRD  F'LOOR A.WREWS AFB.MO 2076?·7001

AFHQ FORM 0-2077, JA'l.1 00	(EF-V2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2014-00695

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 discharge.

FINDING:  The Board denies the upgrade of the discharge

ISSUE: The applicant received a General discharge for Misconduct - Pattern of Misconduct

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 five Letters of Reprimand for failure to manage/pay balance on Government Travel Card; failure to report to work on time (3x's); reporting to work and late and deliberatel y lying about it and being arrested for driving under the influence of alcohol.

The applicant contends his discharge was inequitable stating he feels he was discharged on charges that he was never convicted of.  Applicant submitted documents from the courts but none contained the information that he was never convicted but it did show that he was sentenced to probation for three years. The Board reviewed the entire record and documents submitted by the applicant and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The ORB opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior.   The characterization of the discharge received by the applicant was found to be appropriate.

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