AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

PERSONAL  APPEARANCE

GRADE

x

AFSN/SSAi'I

ADDRESSAND OR ORCANI7.ATION Of COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER

DENY
x x x x
x

A67.10

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

REARING DATE	CASE N1JMBE R

02 Aug 2013	FD-2013-00439

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 OFT1lE AIR FORCE PERS()N)(EL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1!3$ COMMAND DR,EE WINO, 3RD FLOOR
ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00439	

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 minor disciplinary infractions. Applicant admits to making a few mistakes while in the Air Force; however he states he was put on the DOS Rollback list provided he had no other misconduct. He states that a month
before his separation due date, he was wrongfully accused of being late to work which initiated his discharge from the Air Force. The records indicated the applicant received an Article  15 and two Letters of Reprimand. His misconduct included failure to wear protective gear, sleep on post, made false claims, and failure to report to guardmount. 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 February 8, 2011) 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