AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, flRST MIDDLE INITIAL)
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FSN/SSAN	.
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PERSONAL  APPEARANCE	x  RECORD REVIEW

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COUNSJ!ll/	'  ·•.·      NAME OF COUNSEL AND OR ORGANIZATION	AIJDRESS AND OR ORGANIZATION  ot·COUNSi,:L
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VOTE OF TIIE BOARD
MEMBERS SITTING	HON	GEN	IJOTllC	OTHER	DENY
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ISSUES	INDEX NlJl\IBf:R	EXHIBITS SIJBMITTED TO THE  BOARD
A93.09	A67.90	1	ORDER APPOTNTING THE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
26 FEB 03	FD2002-0343	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME Of PERSONAL APPEARANCE

TAPE RECORDING Of PERSONAL APl'ERANCE HEARING
Al!)?LICANT'S ISSUE AND THE BOARD'S DECISIONAL RATIONAL ARE DISCUSSED ON THE ATTACHED AIR FORCE DISCHARGE REV!loW BOARD DECISIONAi. RATIONALE:
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REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Boa rd, the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

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INDORSEMENT	DATE:  26 FEB03
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TO:	l'ROM:
SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOAR D
RANDOLPH AFB, TX 78150-4742		1535 COMMAND DR, EE WTNG, 3RD FLOOR ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Prev10us edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD02-0343	

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.

ISSUE: Applicant does not contest the discharge; he merely wants it upgraded in order to receive his G.I. Bill benefits. The record indicates the applicant received an Article 15 for writing bad checks. He also received four Letters of Reprimand, two Records of Individual Counseling, and a verbal counseling for failing his dormitory room inspection three times, financial irresponsibility, late for training, having an unauthorized female quest in the dormitory room overnight, and failed to meet a scheduled appointment. 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 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 DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. 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. The Board found no evidence of any inequity or impropriety on which to base a decision to upgrade the discharge.

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