AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INTilAL)

GRADE

AFSN/SSAN

PERSONAL APPEARANCE	x	RECORD REVIEW
ADDRESS AND OR ORCANIZATION or COUNSEL

MEMBER  SITTING	HON	GEN	UOTHC	OTHER

DENY

X+* X+*
X+*

X+* X+*

A67.90

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

HEARING DATE	CASE NUMBER

19 Jul 2013	FD-2013-00218

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.

+Narrative Reason
*Reenlistment Code

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

FROM:

SECRETARY OFTHE AlR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW B()ARD 1535 COMMAND DR, EE WI.NC,3RD FLOOR ANDREWS AFB, MD :I0762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00218	

GENERAL:	The applicant appeals for upgrade  of discharge to honorable,  to change 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:	Upgrade  of the discharge,  change  of reason  and authority  for discharge,  and  change of reenlistment code are 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 was discharged with an under honorable conditions (general) discharge for a Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline. The applicant wants his discharge upgraded because he would like to join the Air National Guard and be eligible to receive GI Bill benefits.
The records indicated the applicant received an Article 15, a Letter of Reprimand, and a Special Court Martial conviction. His misconduct included underage consumption (2x), operating vehicle while
intoxicated, lied to civilian authorities, driving on installation while driving privileges suspended/revoked for a year (2x), and DWI. The applicant has repeatedly engaged in acts of misconduct that exemplify a blatant disregard for standards of acceptable conduct. The applicant's failure to conform to established behavioral expectations and Air Force standards clearly demonstrates his lack of integrity and his inability to adhere to Air Force standards. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The Board concluded the applicant's misconduct was a significant departure from conduct expected of all.military members. 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.

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 August 29, 1996) 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 and 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