AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
NAME OF SERVI CE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE
(b) (6)
TYPE GEN	I	PERSONA L APPEARANCE	x	I	RECORD  REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDllESS AND OR ORGANIZATION or COUNSEL
YES	No	(b) (6)	(b) (6)
x

(b) (6)
...
...
-
-

MEMBER SITTING

VOTE OF THE BOARD

HON	GEN	UOTHC	OTHER	DENY	
	x	
	x	
	x	
	x	
	x	

ISSUES	A93.0l	INDEX 1''\JM BER	A67.90	EXHIBITSSUBMJTTED TO THE BOARD
1  ORDER APPOINTING THE BOARD
APPLICATION FOR REVIEW OF DISCHARGE
LETIER OF NOTIFICATlON
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARJNG

HEARING DATE	CASE NUMBER

27 May 2015	FD-2015-00016
A.PPLICAJ'IT'S ISSUE AND THE BOARD'SDECISIONAL RATIONALE ARE DISCUSSED ON 1liEAITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE.

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)

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

,_

INOORSEMENT

 	DATE:   6/1612015 	
FRO.\!:

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR. EE WlNG. JRD FLOOR ANDREWS AFB, MD 20762·7001

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

AIR FORCE DISCHARG E REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2015-00016	
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 - Conduct Prejudicial to Good Order and Discipline

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 two Article  15's, five Letters of Reprimand, one Letter of Counseling and seven Records of Counseling. His misconduct included willfully  damaging  military property; wrongfully using marijuana; lying to a· SNCO about age  with intent to cover up that  he  was drinking illegally, knowingly disregarding AFI 36-2903 (2x's) by wearing an unauthorized earring when previously counseled, consuming alcohol underage; failing to accomplish morning checks on assigned GOV (3x's); failing to obey lawful order; lack of attention to orders and details that could potentially endanger innocent workers and trainees; evidence of smoking, underage possession of alcohol beverage and lack of cleanliness in no notice spot inspection of dorm room and having sexually offensive material on government computer.

Applicant' s counsel submitted on his behalf that the applicant was ill-prepared for the stressful demands of the Air Force and that he was immature. He stated that the applicant was faced with bigotry and discrimination due to his strong cultural background . He stated that the applicant struggled with the stressful demands of his job and coursework due to his six grade reading level and dyslexia. There was also mention that applicant was faced with the stress of family life due to his mother's cancer. Additional documents were submitted to show that the applicant has turned his life around and to show the many accomplishments since the time of discharge. The Board opined that through the adminjstrative actions taken, the applicant had ample opportunities to change his behavior. The board considered the impacts that all of these issues potentially may have had on the applicant, but did not feel, based on lack of evidence in the record, that they distorted his judgment so badly as to skew his understanding of right from wrong or the illegality of his actions. Based on the Air Forces "zero tolerance" for drug abuse and the member fully acknowledging his understand ing of this policy, the Board concluded that the applicant's discharge characterization and reason for discharge were appropriate.

The DRB was pleased to see that the applicant is doing well since being discharged; however, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.  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 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