AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

ERSONAL  APPEARANCE

X	RECORD REVIEW

ADDRESS AND OR ORGANIZATION OFCOUNSEL

x

MEMBER SITTING

HON	GEN	UOTHC	OTHER	DENY
x x x
x
x

ISSUES

A94.53

INDEX NUMBER

A67.03

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
ADDITTONAL EXHIBITS SUBMITTED AT TIME OF
PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

HEARING DATE	CASE NUMBER

19 Jul 2013	FD-2013-00367

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

SECRETARV OF THE AIR FORCE PERSONNEL COUNOL AIR FORCE DISCHARGE REVIEW BOARD
ISJS COMMAND DR,EE WING, JRD FLOOR
AJ\'DREWS AFB, MD 20761-7001

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

AIR FORCE DISCHARGE  REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00367	

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 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.

ISSUE: Applicant received a General discharge for Misconduct - Commission of a Serious Offense

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The record indicates  the applicant was found guilty by a General Court Martial of attempted use of lysergic acid diethylamide. After a complete and thorough review of the applicant's records and statement to the Board, the Board found the  negative   aspects   of  the   willful   misconduct   outweighed   the   positive   aspects   of  the   applicant's performance and concluded that the discharge was 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 20, 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.

The applicant requested several administrative changes in regards to his DD Form 214.  The DRB may only change type of discharge, narrative reason and authority for discharge and reenlistment code.  As stated above the DRB did not find any inequity or impropriety in regards to the discharge and therefore no changes related to those areas are appropriate.  The applicant must complete a DD Form 149 in order to request any other type of correction to his DD Form 214.

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