AIR FORCE DISCHARGE  REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE  INITIAL)

TYPE

-GRADE

AFSN/SSAN	 	

JU I	_.

PERSONAL APPEARANCE	X  RECORD REVIEW

COUNSEL
YES	N
x

NAME Ot' COUNSEL AND OR ORGANIZATION

ADDRESS AND OR ORGANIZATION Of COUNSEL

VOTE o•·1'HE BOARD

MEMBERS SITTING

HON

GEN

UOTHC

OTHER

DENY
x x x x x

INl>EX NUMBER

XUIBIT$ SUBMITTED TO THE llOARD

A67.10	Uh.	\PPO!NTING THE BOARD
2	APPUCt.TION FOR REVIEW Or DISC! !ARGE

HEARING DATE
23 0CT 02

CASE NUMBER
FD20020286

3	LETTER OF NOTIFICATION
4	BRIEF OF Pf RSONNEL FILE
COUNSEL'S _F _cL_E_,<\S.E TO TH_ E_ _B_O_A_R_D		1
ADDITIONAL EXi !IB!TS SUBMITTED AT TIME OF
PERSONAL APPE ' ll.ANCE

TAPE RECORD" lG OF PERSONAL APPERANCE HEARING
APPLICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DJSCUSSED ON THE ATTACHED AIR FORCE DJSCHARt)E REVIE\i ilGARD DFC\S 10N'."!.. 'l:\TI01"Al.E

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance, and the right to submit an application to the AFBCMR.

TO:

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

FROM:

DATE: 23 OCT 02

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3Ro FLOOR
ANDR EWS 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

FD02-0286	

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 to exercise this right.

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

FINDINGS:  Upgrade of discharge is denied.

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

The applicant's issues are listed in the attached brief.

ISSUE:  The applicant does not contest the discharge; he states that he would like to receive his G.I. Bill benefits.  The record indicates the applicant three Article 15's for driving while intoxicated, failure to obey a direct order to not operate a vehicle on base, twice, the second offence resulted in a Vacation of a suspended reduction in grade.  The applicant was also decertified on previously completed on-the-job training tasks because of numerous mistakes and repeated errors.  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, dated 10 July 2002) 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 that would warrant an upgrade.  The Board concluded the misconduct was a significant departure from conduct expected of all military members.  The characterization of the discharge received by the applicant was found to be appropriate.

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 or change the reason for discharge, thus the applicant's discharge should not be changed.

Attachment: Examiner's Brief