AIR FORCE DJSCHARG E REVIEW BOARD HEARING RECORD

AME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)
(b) (6)

GRADE

TYPE | _I	PERSONA L APPEARANCE | _x	_I	RECORD   REVIEW
COUNSEL | NAME Of" COUNSEL AND OR ORGAN"IZATION | ADDRESS A. O OR ORGANIZ.A'rt ON OF COUNSEL
YES | No | |
| x | |
M EMBER SITTING | VOTE OF THE BOARD
HON | GEN | UOTHC | OTHER | DENY
(b) (6) - - - - | | | | | | | x
| | | | | x
| | | | | x
| | | | | | x
| | | | | x

ISSUES	_A94.01

l!\OEX NUM8ER
A67.03

EXHIBITSSUBMITTED TO THE BOARD

1 | ORDER APPOINTING Tl IE BOARD
2 | APPL!CATION FOR REV LEW OF DISCHARG E
3 | LETTER OF NOTIFICATION
4 | BR IEF OF PERSONNEL FILE
| COUNSEL'S RELEASE TOTHE BOARD
| ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
| TAPE RECORDING OF PERSONAL APPEA RANCE HEARfNG

HEAR.ING DATE

24 Apr 2015

CASE NUMBEK

FD-2014-00741

APPUCANl"S ISSUE AND 1llEBOAltD'S DECISIONAL RATIONALE A.RE DISCUSSED ON 1llEATTACHED AJR FORCE DISCHARGE REVIEW BOAltD DECISIONAL RATIONALE.

Case heard in Washington, D.C.

Advise applicant of the decision of the Board , the right to a persona l  appearance with/without counsel, and the right to subm it an application to the AFBCMR.

(b) (6)

| TNOORSEMENT | | DATE:  61212015

TO

:
SAFfMRBR
550 C STREET WEST, SUITE 40
RANDOLPH AFB, TX 78150-4742

FROM:

SECRETARY OP THE AIR FORCE PERSONNEL COUNCl L AIR f"ORCE DISCHARGE REVlf;W BOARD
ls.IS COMMAND DR. EE WL-.c.JR.D FLOOR
ANDREWS Af B.• MD 20762-iOOI

AFHQ FORM 0-2077, JAN 00	(EF-Y2)	Previous

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBER

FD-2014-00741

GENERAL: The applicant appeals for upgrade of discharge to Honorable or General.

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 perti nent data on the applicant and the factors leading to the discharge.

FINDING : The Board denies the upgrade of the discharge.

ISSUE: The applicant received an Under Other Than Honorable 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 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 a General Courts Martial, one Article 15, and one Letter of Reprimand. His misconduct included wrongfully and knowingly possessing and distributing visual depictions of minors engaging in sexual explicit conduct; wrongfully using with intent to deceive a certain instrument purporting to be a mil itary ID card; and being arrested for speeding and driving under the influence of alcohol.

The applicant contends that his discharge was inequitable because it was too harsh.  The applicant states that he was only found guilty of reckless driving, not DUI.  The member feels that being discharged instead of being allowed to retire was unfair.  The fact that the alcohol misconduct charges were dismissed by local authorities has no bearing on the reasons for discharge as the military conduct standards are independent of the civilian court system. In regards to retirement it is a selective rather than automatically inclusive process. Per AFI36-3203, if there are issues of misconduct that warrant disciplinary actions, a retirement can be suspended to allow for discharge.
After a review of the records, the Board found that the applicant's misconduct was a significant departure from conduct expected of all military members. The Board concluded that the negative aspects of the applicant's service outweighed the positive contributions he made in his Air Force career. 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 .

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requi rements 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