AIR FORCE DISCHARG E REVIEW BOARD HEARING RECORD

. ITIAL)

GRADE

TYPE GEN

PERSONAL  APPEARANCE

SRA
x	RECORD  REVIEW

1 co.._.•....S.E'. ....., NAME OF COUNSEL Al\[) OR ORGANIZATION
YES	No
x

ADDRESS  A ND OR ORGA NIZATION  OF COL"l'iSEL

MEMBER SITTING

HON	GEN	UOTHC

OTHER
x x x x
x

ISSUES

A95.00 AOJ.00

INDEX NUMBER

A66.00

EXHfBl:I'Si>UBMJ'.)ifilD TOTHE BOARD
I	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE 	
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE
COUNSEL 0 S RELEASE TO THE BOARD ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEAR ANCE
TAPE RECORDING OF PERSONAL APPEARANCE

HEARJNG DATE	CASE NGMBER

01 Mar 2005	FD-2004-00466

Case heard at Washi ngton, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and the ri ght to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant's req uest

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

SECRETARY OF THE AIR FORCE PERSONf\'EL  COU NCIL
AIR FORCE DISCHARGE REVIEW  BOARD 1535 COMMAND DR, El! Wll'IG, 3RD J'LOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition \.Vill be used

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL RATIONALE	CASE NUl\1BER

FD-2004-00466	

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 to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS: Upgrade of discharge is denied.

The Board  finds that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify a change of discharge.

ISSUE:  The applicant cited his desire to receive the G.I. Bill benefits as justification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on May 3, 1999) that he understood he must receive an Honorable discharge to receive future educational entitlements. The Board was sympathetic to the impact the loss of these benefits was having on the applicant, but this is not a matter of inequity or impropriety which would warrant an upgrade.

CONCLUSIONS: 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 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief