AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OFCOUNSEL

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

llEARJNG DATE	CASE NUMBER

03 Oct 2013	FD-2013-00423
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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.

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

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIF.W BOARD
ISJS COMMAND DR,EE WING. 3RD FLOOR
ANDREWS AFB, MD 20761-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00423	

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.
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. Applicant contends he has gone above and beyond to ensure that he has become a productive and responsible civilian and would like to take pride that comes with the acknowledgement  of an Honorable military discharge. He also wants his discharge upgraded to receive GI Bill benefits. The records indicated the applicant received an Article 15, three Letters of Reprimand, two Letters of Counseling, and a Vacation action. His misconduct included failure to go to duty on time (3x), failure to complete tests for CDC, disrespect and insubordinate to Non-Commissioned Officer, failure to obey order, enticed female, not spouse, to engage in sex in exchange for money, failure to go to mandatory formation, and displayed unprofessional   offensive and derogatory language in a work center. The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.   The Board reviewed the entire record and found no evidence of impropriety
or inequity to warrant an upgrade of the discharge.

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 November 3, 2006) 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