AIR FORCE DISCHARGE  REVIEW BOARD HEARING RECORD
NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE

AFSN/SSAN

TYPE

I	PERSONAL  APPEARANCE	x	I	RECORD  REVIEW

C6JlJ!! .Ef{%t•.f,,;; NAME OF COUNSEL AND OR ORGANIZATION
YES	No
x

ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON
------------------------------------------- .

-,...	.
-------------------------------------------   ·

GEN	UOTHC	OTHER

DENY
x x x x
x

ISSUES

A94.05

INDEX NUMBER

A67.10

··•··.· ;.•	< ElIBI'I:S,,SU,BM.rfT;l!;R'.       Q;TIJE,BtlJm;:·ti!£1f!: .
1	ORDER APPOINTING THE BOARD
2	APPLICATION  FOR REVIEW  OF DISCHARGE
3	LETTER OF NOTIFICATION
4	BRIEF OF PERSONNEL FILE COUNSEL'S RELEASE TO THE BOARD

HEARING DATE	CASE NUMBER
12 Nov 2003	FD-2003-00310

ADDITIONAL EXHIBITS SUBMITTED AT TIME OF 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 the right to submit an application to the AFBCMR

.

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TO:	FROM:
SAF/MRBR
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	(EF-V2)	Previous edition will be used

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2003-00310	

GENERAL: The applicant appeals for upgrade of discharge to honorable and to change their reenlistment code.

The applicant was offered a personal appearance before the Discharge Review Board (DRB) 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 and change of reenlistment code 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.

ISSUE: Applicant contends discharge was inequitable because it was too harsh. The records indicated the applicant received an Article 15 for being derelict in the performance of his duties in that he willfully failed to use his government travel card for official government purposes. He also received a Vacation action under the UMCJ for failure to go. Additionally, he received two Letters of Reprimand for being late for work. 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 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 (DD Form 2366,) 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.

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