AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEl\IBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSNISSAN

PERSONAL APPEARANCE	X	RECORD REVIEW

ADDRESS AND OR ORGANll.ATION OF COUNSEL

MEMBER SITTING

HON

GEN

UOTHC	OTHER

DENY
x x x x
x

ISSUES

A92.15

INDEX NUMBER

A67.10

1 ORDER APPOINTING n!EBOARD
2 APPLICATION FOR REVlEW OF DISCHARGE
3  LEITER OF NOTIFICATION
4 BRJEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EX!llBITS SUBMITTED AT TIME OF PERSONAL APPEARAN CE
TAPE RECORDING OF PERSONAL APPEARANCE  HEARING

REARING DATE	CASE NUMBER

27 Mar 2014	FD-2014-00029

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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.

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

SECRETARY  OFTHE AIR  FORCE PERSONNEL  COUNCIL AIR FORCE DISCHARGE REVIEW BOARD 1"5COMMAND DR.££  WING, 3RD FLOOR
ANDREWS AFB,MD ?0762-7flll

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

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2014-00029	

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:  The applicant received a general discharge for minor disciplinary infractions.

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 October 5, 2007, that he understood he must receive an Honorable discharge to receive future educational entitlements. The record shows the applicant received two Article 15s, and five Letters of Reprimand.  His misconduct included failure to report on time (4x), showed up in unclean and not neat uniform, contraband in dormitory during inspection, failure to refrain from <linking at least eight hours prior to duty (2x), and drunk on duty. The Board believed that through these administrative actions, the applicant had ample opportunities to change his behavior.  Although the Board was pleased to see that the applicant was doing well and is pursuing a constructive course; and was also sympathetic to the impact the loss of these benefits was having on the applicant, it found there is no evidence 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 fi,uther concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief