AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

-NAME OF SRVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE	AFSN/SSAN  	

AlC

•um 11 n.

TYPE	PERSONAL  APPEARANCE
...........
NAME OF COUNSEL AND OR ORGANIZATION

 	-	

YES	
No		
 		x
-		

'"	---------+------------+----- ------
x	RECORD REVIEW

-

'
ADDIU:SS AND OR ORGANIZATION  OF COUNSEL

MEMBER SITTING

x x x
x

ISSUES	INDEX NUMBER

1	ORDER APPOINTING THE

A93.10 A93.08 A93.02

A67.10

2	APPLJCA TION FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
!----1--
4	BRIEF OF PERSONNEL FILE
TO THE BOARD

HEARING DATE	CASE NUMBER	ADDITIONAL EXHlBlTS SUBMITTED AT TIME OF

14 Aug 2003	FD-2003-00183

PERSONAL APPEARANCE
TAPE RECORDING OF PERSONAL APPERANCE

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance with/without counsel, and tl1e,_,	' to
_§y_. bmit an application to the AFBCMR
--.  --

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

AFHQ	02077, JAN 00	(EF-V2)

RETARY Ot' THE ,UR FORCE PERSONNl!:L COUNCIL
{FORCE DISCHARGE REVIEW BOARD
5 COMMAND DR, Ef. WING, JRD FLOOR
<DREWS AFB,MD 2076?-7002

Previous edition will be used

•

AIR FORCE DISCHARGE REVIE\V BOARD DECISIONAL  RATIONALE	CASE NUMBER

FD-2003-00183	

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

The applicant was offered a personal appearance before the Discharge Review Board (ORB) 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 the  applicant  substantiates  an
inequity or impropriety that would justify a change of discharge.

ISSUES:

Issue l . The applicant was discharged with a General discharge for misconduct - minor disciplinary infractions. He received two Articles 15, three Letters of Reprimand, and five Records of Individual Counseling. His misconduct included failure to go, willfully disobeying a direct order, financial irresponsibility, late for work, failing dormitory inspection, and having unauthorized alcoholic beverages in dorm room. The Board concluded the disciplinary infractions were a significant departure from the conduct expected of all military members. The DRB opined that through these administrative actions, the applicant had ample opportunities to change his negative behavior. The DR B was pleased  to see that the applicant w·ls doing well and striving to be a good citizen.

Is  te 2.  The applicant cited his desire to receive the GJ. Bill benefits as justification  for upgrade.  The DRB
r:.:   d that when the applicant applied for these benefits, he signed a statement (DD Form 2366, on
Hember 13, 1999) that he understood he must receive an Honorable discharge to receive future e<lu0ational 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 which 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 Ichanged.

Attachment: Examiner's Brief