AIR FORCE DISCHARGE REVIEW BOA.RD HEARING RECORD

NAME OFSERVICE MEMBER (LAST, FlRST MIDDLE INITIAL)

GRADE

AFSNJSSAN

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ADDRESS AND OR ORGANIZ.ATIOi'I OF COUNS!L

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY
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A67.10

1	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
TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

HEARING  DATE	CASE NUMBER

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03 Oct 2013	FD-2013-00594
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Case heard in Washington, D.C.

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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

ROM:

SECRETARV OFTHE AIR FORCE PERSONNEL COUNOL AIR FORCE DISOfARGE REVIEW BOARD 1535COMMAND DR, EEWING,JRJ> Fl.OOR
ANDREWS AFB, MD :ro7l-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00594	

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 wants his discharge upgraded to become eligible for GI Bill benefits and hopes to fulfill his goal of becoming a Pilot.  The record indicates the applicant received two Article 15s,
two Letters of Reprimand, and two Records of Individual Counseling.  His misconduct included failure to go to duty on time on multiple occasions and failure to obey no contact order.  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 January  12, 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 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