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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

-GRADE

AFSN/SSAN 	

ti 111Ill	>

PERSONAL  APPEARANCE	X    RECORD REVIEW

NAME OF COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION OF COUNSEl.

MEMBERS SITTING
x x x
x
x

INDEX NUMBER
A94.53, A92.37	A67. 10

1	ORDER APPOINTING THE BOARD
2	APPLICATJON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
2	
HEARlNG DATE
26 JUN 03

CASE :-!UMBER
FD2002-0540

4	BRIEl' OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDillG OF PERSONAL APPERANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board and the right to a personal appea rance with/without counsel.

DD Fm 149 submitted. The case will be forwarded to the AFBCMR for further processing.

SAF/MlBR
550 C STREET WEST, SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3l\D FLOOR ANDREWS AFB, MD 20762·7002

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE  NUMBER

FD2002-0540	

GENERAL:  The applicant appeals for upgrade of discharge to honorable.

The applicant was offered a personal appearance before the Discharge Review Board but declined to exercise this right.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDINGS:  Upgrade of discharge is denied.

The Board finds that neither the evidence of record nor that provided by applicant substantiates an inequity or impropriety that would justify a change of discharge.

Issues. Applicant was discharged for minor disciplinary infractions. He had an Article 15, a vacation of suspended punishment, seven Records of Individual Counseling, a traffic ticket, four Letters of Reprimand, an Unfavorable Information File, and one Enlisted Performance Report that was rated an overall "3." His misconduct occurred over an 18month period and included failure to go or being late for duty seven times, four instances of dereliction of duty, driving a vehicle without registration and insurance and that had an improper license plate, and at least three instances of financial irresponsibility. At the time of the discharge, member consulted counsel but waived his right to submit a statement in his own behalf. Applicant now notes his desire to receive his G.I. Bill education benefits. The Board noted that member was age 21 to 22 when his offenses occurred, the same age as other airmen who adhere to standards. He was counseled repeatedly in an effort to help him correct his deficiencies. In spite of those rehabilitative efforts, he was unwilling or unable to improve his behavior. The Board concluded applicant knew right from wrong and was responsible for his actions, and therefore was held accountable for them. No inequity or impropriety was found in this discharge in the course of the records review.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. The Board noted that applicant signed a statement (DD Form 2366, on September 8, 1997) that he understood he must receive an Honorable discharge to receive future educational entitlements. While the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not a matter  of equity or propriety that warrants an upgrade.

CONCLUSIONS: 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 that 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, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief