AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAM£ OF SERVIct MEMBER (LAST, FIRST MIDDLE IN1TIAL)

GRADE	AFSNISSAN

PERSONAL  APPEARANCE

X	RECORD  REVIEW

ADDRESS AND OR ORGANIZATION OP COUNSEi,,

00
x

MEMBER SITTING

HON

GEN	UOTHC

OTHER	DENY
x
x x x
x

ISSUES

A94.53

L'<DEX !>1JMBER

A67.10

1 ORDER APPOINTING THE BOARD
2 APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FlLE COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMTITEOAT TIME OF PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

H£AR.INC DATE	CASENlJMB[R

13 Mar 2014	FD-2013-00774

Case heard in Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/withou t counsei 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 Of THE AIR FORCE PERSONNEi,, CO'l'iClL
AIR FOR CE DISCHARGE REVIEW BOARD 153 COMMAND DR, £E WING, 3RD l'l.OOR ANDREWS AFB, MD 20762-7001

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2013-00774	

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 -Minor Disciplinary Infractions

Applicant submitted no issues regarding the inequity or impropriety of his discharge.  The record indicates the applicant received one Article 15s and one Letter of Reprimand.  His misconduct included detained by SFS for disorderly conduct, wrongful communication of a threat to another airman on several occasions, failed to obey no contact order on several occasion between 20 January and 15 February 2013, and again on or about 12 March 2013.   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 23 April 2010) 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