AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITTAL)
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GRAOE

AB

AFSN/SSAN

:--------------

TYPE GEN

PERSONAL  APPEARANCE	x	RECORD REVIEW --------------l

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COllNSEL

x

MEMBER SITTING

HON	GEN

UOTHC

OTHER	DENY
x

ISSUES

A94.53

INDEX NUMllER

A66.00

x
x x
x

1	ORDER APPOINTING THE BOARD
2	APPLICATION FOR REVIEW Of DISCHARGE
3	LETTER OF NOTIFICATION
4	BRJEF OF PERSONN EL f!LE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EX llBI	UBMITTED AT TIME OF
PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPEARANCE HE

HEARING DATE	CASF: NUMBER

28 Sep 2006	FD-2006-00070

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.

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'T l'I'

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

SECRETARY OF THE AIR  FORCE  PERSONNEi,  COUNCIL AIR FORCE DISCHARGE REVIEW  BOARD
1535 COMMAND DR, £E WING, JRD FLOOR ANDREWS AFB, MD 20762·7002

AFHQ FORM 0-2077, JAN 00

(EF-V2)

Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2006-00070	

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 the applicant submitted no issues contesting the equity or propriety of the discharge, and after a thorough review of the record, the Board was unable to identify any that would justify a change of discharge.

ISSUE:

Issue 1. The applicant submitted no issues and requested that the review be completed based on the available service record.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this case on which to base an upgrade of discharge.  The records indicated the applicant received an Article  15 and a General Court Martial.  He received an Article 15 for being derelict in the performance
of his duties, underage drinking and bringing a female into Building 112 which resulted reduction of grade to airman with seven days of extra duty.  The applicant also appeared before a General Court Martial in which he pled guilty to wrongful use of Ecstasy and making a false official statement to a Special Agent.  He was sentenced on January 20, 2005 and confined for four months, forfeited pay and reduced in grade to airman basic.  The Board concluded the misconduct was a significant departure from conduct expected of all
military members.  The characterization of the discharge received by the applicant was found to be appropriate.

Issue 2.  The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade.  The ORB noted that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
March 20, 2002) 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