AlR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN

TYPE  GEN	x

PERSONAL APPEARANCE

RECORD REVIEW

NAME OF COUNSEL AND Olt ORGANIZATION

AJ)DRESS AND OR ORCANIZATION Of CO	EL

MEMBER SITTING

HON	GEN	UOTHC

OTHER	DENY

X*+ X*+ X*+
X*+

ISSUES

A92.21 A92.01

INDEX NUM BER

A67.10

ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3 LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

X*+

.· ·•.

TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

HEA.RJNC DATE	CASE NUMBER

16 Jul 2013

FD-2012-00029

Case heard in Washington, D.C.

Advise applicant of the decision of the Board 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.
*Narrative Reason and Authority
+RE Code

TO:

SAffMRBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OFll!EAIR FORCE PERSONNEL COUNCIL AIR FORCE OISOIARCE REVIEW BOARD
15JSCOMMAND DR. EE WINC,JRD FLOOR ANDREWS Af11,MD 20762 7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2012-00029	

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

The applicant appeared and testified before the Discharge Review Board (DRB), without counsel, at Andrews AFB on 16 Jul 2013.

The following additional exhibits were submitted at the hearing: Exhibit #5: Applicant's Contentions

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

FINDING: The request for the upgrade of the discharge, to change the reason and authority for discharge, and to change the reenlistment code are denied.

ISSUE:  Applicant received a General discharge for Misconduct - Minor Disciplinary Infractions

Applicant submitted no issues regarding the inequity or impropriety of his discharge. However, he does believe that his discharge did not take into account the good things he did while in service. The record indicates the applicant received two Article 15s. His misconduct included driving under the influence, failed to renew liability insurance, with intent to deceive made a false statement to an airman and a civilian, and driving while intoxicated. During the course of the hearing the applicant took full responsibility for his actions, and the Board commends the applicant for his honesty. However, the Board found that the willful misconduct offset any positive aspects of the applicant's duty performance. The Board concluded the discharge was appropriate for the reasons which were the basis for this case.

The DRB was pleased to see that the applicant was doing well, attending school and volunteering in his community. 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.

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
September 21, 2007) 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.

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 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