AIR FORCE DISCHARGE REV I EW BOARD H EARING RECORD
XAM E OF  ERVICE .\IE:\IBER (LAST.FIRST MIDDLE IN ITIAL)	GRAD£
{b)(6)
^TYPE ^GE	_I	^PERSONAL  ^APPEARANCE	x	_I	^RECORD  ^REVIEW
^COIJNSIL	NAME Of COl/NSEL ASD OR ORCAN17..ATION	ADDRESS AND OR ORCANlZATION Ot'COUNSEL
YES	No
x
VOTE OFTHE BOARD
^MEMBER ^SITTING	^HON	^GEN	UOTl lC	^OTHER	^DENY
{b)(6)	_x
x x
x x
^ISSUES	_A94.53	^INDEX ^NUM8£1t	_A67.90	EXHIBITS SUBMITTED TOTHE BOARD
ORDER APPOINTIN G THE BOARD
^APPLICATI ^ON ^FOR ^REVIEW ^OF ^DISCHARGE
LEITER OF NOTrFI CATION
BRIEF OF PERSONNEL FILE COUNSEL'S RELEASETO THE BOARD
ADDITIONAL EXHIBIT  SUBMITIED AT TIME OF PERSONAL APPEARAN CE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

li EARINC OATE	^CASE ^1''1JMUER

^16 ^Ju ^n ^2015	FD-2015-00073
APPLIC"'"T' SISSUE"' DntE BOAJU»S DECISIONAL RATIONALEAJIE DISCUSSED ONntEATTACHEl)AJR FOltCE DISCHARGE 1t1!V1EW BOAIID DECISIONAL RATIONALE.

Case heard in Washington , D.C.

Advise appl icant of the decision of the Board, the right to a personal appearance with/without counsel, and the right to submit an appl ication to the AFBCMR.

{b){6)

^INOORSEMENT	DATE:   7,.,,..015
TO:	^FROM:
_SAF/MRBR	SECRETARY OF THE AIR FORCt:PEltSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD
^550 ^C ^STREET ^WEST,SUITE ^40	15J5 C0MMA1'D OR,££ WINC.3RO l'LOOR
RANDOLPH AFB.TX 78150-4742	^A.'iOREWS ^AFB, ^MD ^207'17001

^Af ^HQ ^FORM ^0-2077, ^JA.t"00	^{EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE

CASE NUMBE R

FD-2015-00073

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, one Vacation of Non-jud icial Punishment, one Letter of Reprimand, one Letter of Admonishment , and two Records of Counseling. His misconduct included; without authority leaving appointed place of duty (2x), failure to shave after being told one day prior, failure to report a bird strike in engine, failure to report on time (2x), and backing a bobtail truck into another vehicle.

The applicant submitted no issues regarding the inequity or impropriety of his discharge.  The applicant does submit that he was young and reckless at the time of discharge and believes he deserves a second chance.
The Board opined that through the administrative actions taken, the applicant had ample opportunities to change his negative behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance .  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

The applicant also cited his desire to receive the G.I. Bill benefits asjustification for upgrade. The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on July 1, 2004) 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.

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