AIR FORCE DISCHARGE REVIEW BOARD REARING RECORD
GRADE	t\FSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x x x x
x

ISSUES

AOl.43 A94.55

INDEX NUMBER

A60.00

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

HEARING DATE	CASE NUMBER

17 Oct 2013	FD-2013-00597

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

FROM:

SECRETARY OFlllE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE Rl!VIEW BOARD 1535 COMMAND Dlt. EE WING, 3RD FLOOR ANDREWS AFB, MD i.762-?001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2013-00597	

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:  The request for the upgrade of the discharge, to change the reason and authority for discharge, and to change the reenlistment code is denied.

ISSUE:   Applicant received a General discharge for Misconduct

Applicant contends discharge was inequitable because it was too harsh based on his personal life at the time. Upon review of the record, the Board was unable to find any documentation regarding the discharge.  Due to lack of evidence and supporting documentation to explain the discharge, the Board concludes that the misconduct was a significant departure from the conduct expected of all military members.  The Board relies on the presumption of regularity and finds the characterization; reason for discharge and the reenlistment code were 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 14 March 2001) 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