AIR FORCE DISCHARGE REVIEW  BOARD HEARING  RECORD

NAME OF SERVICE MEMBE.R (I.AST, FIRST MIDDLE INITIAL)

•GRADE

AFSN/SSAN

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PERSONAL  APPEARANCE
NAME OF COUNSF;L AND OR ORGANIZATION

X   RECORD REVIEW
ADDRESS AND OR ORGANIZATION OP COUNSEL

, von:
MEMBERS  SITTING	HON	GEN
x x x x
x

HEARING DATF,
15 Jul 03

'S DEC

INDLX NUMBER
A67.90

CASE NUMBER
FD2003-0095

EXHIBITS SUBMITIED TO THE BOARD
1	ORDER APPOINTING THE BOARD
2	APPUCA'nON FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICA T!ON
OF PERSONNEL FILE
EL'S RELEASE TO THE BOARD
ADDITIONAi .• EXHIBITS SUBMITTED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPERANCE HEARING
'ITACHED AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATiONAJ;J:;

REMARKS
Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appea rance with/without counsel, and the right to submit an application to the AFBCMR.

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

AFHQ FORM 0-2077, JAN 00

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR, EE WING, 3RD FLOOR
ANDREWS AFB, MD 20762-7002
(EF-V2)	Previous edition will be used,

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASI<:NUMBER

FD03-0095	

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 his discharge. He merely states that he would like to use the GI Bill. He also states that he thought his discharge would automatically be upgraded after six months. The record indicates the applicant received an Article 15 for failure to go. He also received six Letters of Reprimand for underage drinking, failure to refrain from contributing alcoholic beverages to a minor, wrongfully impeding an investigation, financial irresponsibility, wrongful appropriation, being late for work repeatedly, failure to prepare for duty, failure to shave, and wearing an earring. Additionally, the applicant  received four Letters of Counseling for financial irresponsibility, being late for work, and uniform violations. The applicant cited his desire to receive the G.I. Bill benefits as justification for upgrade. The DRB 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 applicant also stated that he was told his discharge would automatically be upgraded in six months. The DRB noted  the issue was common, the result of miscommunication. While a discharge may be upgraded after six months, the upgrade is by no means automatic. A discharge is upgraded only if the applicant and the DRB can establish an inequity or impropriety took place at the time of discharge. In this case, none was found, so the Board denied the appeal. 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