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AF | DRB | CY2014 | FD-2014-00077
Original file (FD-2014-00077.rtf) Auto-classification: Denied

AIR FORCE DISCHARGE REVIEW BOARD BEARING RECORD
NAME OF SE RVICE MEMBER (LAS T, FIRS T MIDDLE INITIAL)

GRADE



PEARANCE
x        RECORD REVIEW
ADDR£SS ANDOR ORGA!llZATION OFCOUNSEL


x

MEMBER SI'ITING
HON
GEN      UOTHC
OTHER    DENY
x x x
x
x


ISSUES

A94.53

INDEX NUMBER

A67.90


1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OFNOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITIED ATTIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING


HEARING DATE     CASE NUMB&R

28 Aug 2014      FD-2014-00077


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.

Names and votes will be made available to the applicant at the applicant's request.












TO:


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


SECRETARY OFntEAIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE R£VIEW BOARD
1535 COMMAND DR,EE WING, 3RD FLOOR ANDREWS AFB,MD 207,2-7'01


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




AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE		 CASE NUMBER

FD-2014-00077
GENERAL: The applicant appeals for upgrade of discharge to honorable, a change to the reason and authority for the discharge, and to change the reenlistment code.
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, change of reason and authority for discharge, and change of the reenlistment code.

ISSUE: 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 character 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 did complete 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 one Letter of Counseling, one Letter of Reprimand and two Article 15s. His misconduct included failure to obey a lawful order, fitness assessment failure, disrespectful language towards an NCO, physical control of a vehicle while intoxicated and reporting to guardmount while intoxicated.

Applicant contends that his discharge was handled poorly. The applicant provided no examples of inequity or impropriety in his application. After review of the record, the Board found no evidence to indicate that the discharge was processed improperly. 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, 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 and was within the discretion of the discharge authority and the applicant was provided full administrative due process.

Inview 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

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