AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)

GRADE

AB

AFSN/SSAN

PERSONAL  APPEARANCE
NAME OF COUNSEL AND OR ORGANIZATION

MEMBERS SITIING

X  RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

x x x

ISSUES

INDEX NUMBER

A94.05, A93.0l	A67.10

I	ORDER APPOINTING TI-IE BOARD
2	APPLICATION FOR REVIEW OF DISCHARGE
3	LETTER OF NOTIFICATION

BEARING DATE
25 JUL 03

CASE NUMBER
FD2003-00217

4	BRIEF OF PERSONNEL FILE
COUNSEL'S RELEASE TO THE BOARD
ADDITlONAL EXHIBITS SUBMITT'ED AT TIME OF PERSONAL APPEARANCE

TAPE RECORDING OF PERSONAL APPER.ANCE HEARING

Case heard at Washington, D.C.

Advise applicant of the decision of the Board, the right to a personal appearance 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

SECRETARY OF THE AIR FORCE PERSONNEL COUNCIL
AIR FORCE DISCHARGE REVIEW BOARD 1535 COMMAND DR, EE WING, 3RD FLOOR ANDREWS AFB, MD 20762-7002

AFHQ FORM 0-2077, JAN 00	(EFV2)	Previous edition will be used.

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD2003-00217	

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

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

Issues. Applicant was discharged for minor disciplinary infractions.  He had two Articles 15, and a Letter of Reprimand with Unfavorable Information File. His misconduct included underage drinking, having an unauthorized weapon and ammunition in his dorm room, driving under the influence of alcohol, making a false official statement, and trying to gain entry to a military installation with three weapons in the storage compartment of his vehicle. At the time of the discharge, member waived his right to consult counsel and submit statements in his own behalf. The Board noted member was the same age as other airmen who had adhered to the standards when his misconduct occurred, and he knew right from wrong. He was counseled in an effort to help him correct his deficiencies and had several opportunities to improve his behavior. He failed to respond to those rehabilitative efforts. He was responsible for his actions, and therefore held accountable for them. No inequity or impropriety was found in this discharge in the course of the records review.

Applicant cited his desire to receive his G.I. Bill education benefits as justification for an upgrade. The Board noted that applicant signed a statement (DD Form 2366, on June 1, 1999) that he understood he must receive an Honorable discharge to receive future educational entitlements. 'While the Board was sympathetic to the impact of the loss of these benefits on applicant, this is not  a matter of equity or propriety that warrants 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.

Inview 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