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AIR FORCE DISCHARGE REVIEW BOARD HEARING  RECORD

NAME OF SERVICE MEMBER (I.AST, FIRST MIDDLE INITIAL)	GRADE	AFSN/SSAN
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RSONA L APPEARANCE	x  RECORD REVIEW
COUNSEL	NAME OF COUNSEL AND OR ORGANIZATION	ADDRESS AND OR ORGANIZA TJON OF COUNSEi,
YES	NO
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VOTE OF TIIE BOAlID
MEMBERS  SITTING	HON	GEN	IJOTllC	OTHER	DENY
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ISSUES	INDEX NUMBER	EXlilBlTS SUBMITTJ;D TO THE BOARD
A93.17	A66.00	1	ORDER APPOINTING TH E BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION
HEARING DATE	CASE NUMBER	4	BRIEF OF PERSONNEL FILE
9 APR 03	FD2002-0480	COUNSEL'S RELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT  TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
, Al'l'LlCANT'S ISSUE AND TIIE BOARD'S DECISIONAL RATIONAL ARE DISCl)SSED ON TIIE ATTACHED AIR FORCE DISCHARGE REVIEW BOARD DECJSIONAL RATIONALE.

REMARKS
Case heard at Washington, D.C.

Advise applica nt 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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. .	nwdk$EM£N1;·   '
TO:	FROM:

I	DATE:  9 APR 03

SAF/MIBR	SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
550 C STREET WEST, SUITE 40	AIR FORCE DISCHARGE REVIEW BOARD
RANDOLPH AFB, TX 78150-4742		1535 COMMAND DR, EE WING, 3Po FLOOR ANDREWS AFB, MD 20762-7002
AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous edition will be used.

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AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE
...,,	,. .	CASE NUMBER

FD02-0480		

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:  The applicant does not contest his discharge; he states that since his discharge, he has been a positive, productive member of society and has bettered himself significantly and wishes to continue to do so.  He also states that he has successfully maintained a telecommunications engineer position since 1997. And, he would like to be able to use his G.I. Bill Benefits.  The records indicated the applicant received an Article 15 for wrongfully using marijuana.   The Board concluded the misconduct of the applicant appropriatel y characterized his term of service.  The DRB was pleased to see that the applicant was doing well and has a good job. However, no inequity or impropriety in his discharge was found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.  The applicant cited his desire to receive the G.I. Bill benefits asjustification  for upgrade.  The DRB noted that when the applicant applied for these benefits, he signed a statement indicating the 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.

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