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AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD
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NAME OF SERVICE MEMBER (LAST, FIRST MIDDLE INITIAL)	GRADE AB	AFSN/SSAN
TYPE	PERSONAL  APPEARANCE	x	RECORD  REVIEW

C<:J'.YNSEI/ .:	NAME OF COUNSEL AND OR ORGANIZATION YES	No
x

ADDRESS AND OR ORGANIZATION  OF COUNSEL

V01'<'E,OFTIIE BOA.·.,R' D   ·

MEMBER SITTING

HON

GEN

UOTHC

OTHER

DENY

x x x
x x

ISSUES

A94.05

INDEX NUMBER

A67.90

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	ADDlTIONAL  EXHlBITS  SUBMITTED AT  TIME  OF

23 Sep 2003	FD-2003-00315

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

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-2003-0031 S	

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 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.

ISSUE:  Applicant does not contest the discharge.  He is asking that his discharge be changed to Honorable because he is trying to better his life.  He also wants to receive the G.I. Bill.   The records indicated the applicant received an Article 15 for being disorderly and an Article 15 for writing bad checks.  He also received a Letter of Reprimand for assault and two Letters of Counseling for financial irresponsibility.  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 suggested or 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 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